Ok.. so I am in NO way saying this person has stolen my Business name, but there is another photographer going by a name very similar to mine, and she does work similar to mine. Now this bothers me because I'm trying to create a Brand. Something noticeable that is uniquely mine. I came up with Darque Eyes Studios about 10 years ago. This person's name is DarkEye Images. She's good.. I like her work.. and I'd like to repeat that i DO NOT think she stole my name.. but I'm just confused on how to feel about this.
someone give me some advice?

I don't know how it works in America, but in Australia you would have right of the name even if it is not copyrighted/trademarked....... There is an implied assumption that once you have used a name this long,(10 years) no matter what legals you have covered, the name is yours. Possibly it is always better to try and make it legal but, then send her a letter......... heheh

I have/am having problems in my business in that someone who has got a similiar slogan to mine, but only uses theres to place on one of their products,instead of in their actual business name..... is following me around, sponsoring the things I do, making sure her name is put up wherever mine is.

I understand how you feel........ I don't know what to do, but I understand!  It irritates the hell out of me to tell you the truth. :-) Then I try to take the high road and rember that It won't turn legal I don't think, and apparently imitation is the highest form of flattery or whatever they say..............

That probably doesn't help................LOL

Trademark laws are very basic, but can be very complicated as well.
In many ways, Trademark laws are similar to copyright laws.  In a perfect world, your company name is automatically protected without the neccessity of registering the name in one way or another.

Then again, that's in a perfect world.  Unfortunately, the world is far from perfect.

Some of the ways to protect a name or company identity is by filing a dba, by incorporating as an inc, llc, llp, or regsitering a trademark with the state.  Please note that these options would only protect you in your jurisdiction only, and not protect you nationally or internationally.  For that you'd need to register a trademark with the Federal gov't.

Also, a protected name does not guarantee exclusivity.  For instance, the Mirage Hotel in Las Vegas is a popular, trademarked, internationally recognized trade mark.  However, there is also companies with similar names doing business in the area (Mirage Glass and Mirror, Mirage Duplication,  Mirage Cleaners).  The names are the same, but there's no intent to confuse the public that the companies are related to another trademarked company, so the law allows the names to be used.

While you may also feel that your company name is unique, I'd be willing to bet that if you did a throrough records search, you'd find a ton of other companies or people using the same or similar names, such as these registered California LLC's:

199625610011  9/12/1996  active  DARQUE MEDIA ENTERTAINMENT, LLC  GARY B. JOHNSON 

200401210169  11/18/2003  active  DARQUE TAN VENTURES, LLC  CT CORPORATION SYSTEM (C0168406) 

200134510087  12/7/2001  active  STEVEN DARQUE PICTURES, LLC  STEVEN DUNNING 




A more complete search may display information indicating that you may actually be violating someone else's trademarked identity.