In Dispute Resolution, Change the Game—and the Name

Suppose that two businesses have similar sounding names. The similarity is confusing to customers, or could be down the line. One of the businesses decides to do something about it. How can they engage in a successful dispute-resolution process?

Two recent conflicts over business names went in different directions. First, a public dispute broke out last year between blogger and writer Bunmi Laditan, creator of the satiric blog and book franchise “The Honest Toddler,” and the Honest Company, an eco-friendly baby-products brand owned by actress Jessica Alba. Laditan started the Honest Toddler in 2012 as a Twitter feed, ostensibly run by an incorrigible youngster offering unsolicited parenting advice. Laditan filed a trademark application for the Honest Toddler name in September 2012. The Honest Company, which also launched in 2012, purchased the Internet domain name honesttoddler.com in March of that year.