Similar Business Name

CK - Washington.   The similarity of business names as an issue of trademark law, competition law and the law of names proper arises in a list discussion. In additional to standard resources such as Palandt on section 12 of the Civil Code, the following introductory material is being recommended: The Gewerblicher Rechtsschutz (I) script, and Markengesetzt--Onlinepraxiskurzkommentar, both in German. Basic facts: Same city, same business name, priority with unregistered business, business incorporated as GmbH claims better rights although established later. The list's hunch is that priority rules.