Can a foundation use the same name as another foundation?

Questioner

I am the owner of an ANBI foundation, now I notice that there are other foundations that use the name of the foundation, but they leave out the word foundation. Is this allowed?

Lawyer

Ir/Madam, No, another foundation or foundations may not simply use the name of your foundation. In order to obtain protection and to be able to address someone else about the use of your company name/name of your foundation, it is of course important that you yourself use your company name lawfully and that you used it before your competitor. After all: if that is not the case, then you yourself are infringing on the company name/trade name of someone else. In addition, it is important that the other party uses the same company name/trade name as your foundation or a slightly different trade name. Finally, the law requires that the use of the same company name may cause confusion among 'the public'. This means that confusion may arise, but not that it actually does (and vice versa: one instance of confusion does not necessarily result in a risk of confusion). This confusion must be assessed on the basis of the nature of both companies and the place of establishment. Is your trade name being infringed and is that infringement unlawful? Then you can take action against it. In principle, there are a number of options that can be used (partially) alongside each other: 1. You request the cessation of the use of the trade name because the use is unlawful. If the infringing party does not want to cooperate, you can enforce this through the court, under penalty of a penalty. 2. You request the person using your company name to make a change to his company name that is such that the unlawfulness is removed. It may be that a more far-reaching change is needed to remove the risk of confusion than if there had never been an infringement. It may be possible to bring about this change by means of a petition to the court. 3. You are requesting damages for infringement of your trade name. You may calculate these damages, but a judge may also award a lump sum damages based on the Trade Name Act. 4. You report this to the police, as infringing on someone else's trade name is a criminal offence. It is a violation, with a fine. This fine therefore goes to the state, not to the 'victim' (your own company). Whether the Public Prosecution Service will do anything about this is questionable: experience shows that the priorities of the police/justice system lie elsewhere. If you wish, I will be happy to represent your interests. Do you have any questions? Please feel free to ask. Yours sincerely,