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I set up a LLC Corporation in Florida in 2008. At that time

 
Attorney Arcadier's Avatar
  • Answered by:Attorney Arcadier
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Customer Question

I set up a LLC Corporation in Florida in 2008. At that time I ask if I needed to file a DBA
and was told, not if I was doing business in the same name of the LLC. Now they have allowed someone 3 years later to set up a DBA in my name. I never needed a web page before but now I am forced to get one. I also noticed the oter fellow has a R with a circle around it at the bottom of his name. I checked with a patent attorney who looked it up on the USPTO database and was told that he does not have a trade mark noe has he filed for one so he shouldn't be doing that either.
I have always relied on business cards and word of mouth. I have called and emailed Florida Sunbiz.org who shouldn't have allowed the DBA in the first place They are of no help at all. He is taking away business from me because people think he is me. Help, what should I do?
Thanks so very much for your help.
Leslie Rambin

 

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Country relating to Question: United States
State (if USA): Florida

Already Tried:
Florida Sunbiz and they said they don't check for conflicts when someone files a DBA. They said it was up to the person that filed. That's crazy. Now I have to deal with this.

Submitted: 410 days and 14 hours ago.
Category: Business Law
Value: $39
Status: CLOSED

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Expert:  Attorney Arcadier replied410 days and 13 hours ago.


Attorney Arcadier : In Florida, an llc registration and a dba are separate and one can have a corporation name and another can have a dba. You were given wrong advice. Also, registering a corporation and a dba is also not enough. You should do A U.S trademark which costs about 2k or a florida sign mark which is relatively inexpensive which costs about 500. Also, Florida is a first use state, which means if you were the first to use it, you have superior rights to it. Next step is for you to register a sign mark, then have an attorney send a cease and desist letter.

Expert TypeAttorney
Category: Business Law
Pos. Feedback: 97.1 %
Accepts: 197
Answered: 5/4/2012

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