Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law

If I have a similar business name with another company can…

Customer Question
If I have a...

If I have a similar business name with another company can they sue me

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been officially filed? If so, what?

No They contacted me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ni

Submitted: 1 month ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Customer reply replied 1 month ago
My business name is ***** ***** waste & recycling LLC.The other business is valet waste LLC
The contacted me to change my name and give me a deadline to do so or they will take legal action.
Answered in 10 minutes by:
1/6/2018
Business Lawyer: Lori, Attorney replied 1 month ago
Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 715
Experience: Business law attorney with over 25 years experience
Verified

Hello. I will try to assist you. Was your company doing business first? Are both incorporated in the state of Florida?

Ask Your Own Business Law Question
Customer reply replied 1 month ago
They were first
Yes in the state of frorida
Business Lawyer: Lori, Attorney replied 1 month ago

I am assuming neither of you hold a trademark to the name "valet waste" on the federal level with the USPTO. so we need to look at trademark common law rights. Trademark common law rights attach to a trademark once the trademark is associated with any goods/services in a geographical area. Thus, a business that does not register its trademark can still have first priority on the name in the geographic area in which it sells its goods/services as long as it was the first to establish common law trademark rights to the name.

the next issue -- is it creating confusion in the marketplace? are you both operating in the same geographic area?

Ask Your Own Business Law Question
Business Lawyer: Lori, Attorney replied 1 month ago

I just looked them up - Valet Waste, LLC is inactive; they changed their name. They are not actively using that name. Therefore, there is no competition in the marketplace. Company called Valet Waste and Recycling Services, LLC is also inactive.

Ask Your Own Business Law Question
Business Lawyer: Lori, Attorney replied 1 month ago

There are 2 fictitious companies using Valet Waste in their name:

http://dos.sunbiz.org/scripts/ficregl.exe

however, those 2 companies are not in the Orlando area. therefore, I would argue that there is no confusion in your geographical area - Orlando - so no infringement.

Hope that helps.

Please be sure to accept my responses and post a positive rating.

Ask Your Own Business Law Question
Was this answer helpful?
Ask Lori Your Own Question
Lori
Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 715
715 Satisfied Customers
Experience: Business law attorney with over 25 years experience

Lori is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
Tax k1 question. In an LLC if a percent of LLC is given in
Tax k1 question. In an LLC if a percent of LLC is given in trade for service/equipment is there anything needed to submit k1 aside from ssn/ein, name and address? 2% was given to manufacturer to redes… read more
socrateaser
socrateaser
1,031 satisfied customers
50/50 LLC. Dispute regarding transacting business. One
50/50 LLC. Dispute regarding transacting business. One member has not contributed any work or funding since the original LLC agreement while the other has run the LLC. How do we resolve … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Llc. California. Opened llc. I am a non resident allien
llc JA: What state are you in? It matters because laws vary by location. Customer: california JA: What steps have been taken so far? Customer: opened llc JA: Anything else you want the lawyer to know … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm the managing member in an LLC with my business partner
I'm the managing member in an LLC with my business partner and I'm also the member with the larger share percentage. Its a multipfaceted bar/nighclub busniess with a reatils store. .5+ … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am starting a consulting business and considering an LLC.
I am starting a consulting business and considering an LLC. I am also an artist. Can I combine the two businesses in one LLC so I can write off my studio rent and expenses legally?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a judgment against me and my LLC business but I don't
I have a judgment against me and my LLC business but I don't have any personal or business assets. They want my husband to allow them to put a lien on our house where he is the only mortgage holder. I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
Our business rented equipment. Two of the Llc partners
Our business rented equipment. Two of the Llc partners signed a personal guarantee on the credit check. We lost absolutely everything in the hurricane and even though we provided the insurance they re… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I am filing a new business LLC in Texas. I just did an
I am filing a new business LLC in Texas. I just did an assumed name search through the Texas Secretary of State website and it has not been taken. What steps do I need to create this entity?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
I have a client who has an LLC, an electrical business, he
I have a client who has an LLC, an electrical business, he wants to start another business. His question is this: can he keep it under the original LLC, and use another name also?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My wife started the business as an LLC and last year changed
My wife started the business as an LLC and last year changed it to a Scorp. I run the business for her (non paid) and have set up a bank account and checks in the new Scorp. 1. Do I need to phase out … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The 60% business owner to an LLC with no articles of
the 60% business owner to an LLC with no articles of organization, has done things that makes all of us want to separate. however the 40% owners hold all MHIC licenses. Can the 60% just move the compa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a LLC business in the state of Texas. It is currently
I have a LLC business in the state of Texas. It is currently a sole proprioter. If I want to add 2 partners do I need to change it to a corporation? Or can I leave as is and just generate an agreement… read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
I am in a Partnership LLC in PA and my business partner has
I am in a Partnership LLC in PA and my business partner has never paid me her share of the initial purchase of inventory as I paid for it on my personal credit card. Since she has never paid if it her… read more
LegalGems
LegalGems
Juris Doctorate
11,059 satisfied customers
What's the "Best" way to set up my LLC business with this
What's the "Best" way to set up my LLC business with this scenario and pay myself along with one other employee/partner? -- Currently a sole proprietor with two businesses in very closely related fiel… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers
I'd like to look into opening an business account for an LLC
Second opinion] I'd like to look into opening an business account for an LLC with a member that's currently incarcerated... and a personal account for the person that's incarcerated. My guess is a tru… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers
I have an existing TX LLC, doing business in CA. This LLC
Hello. I have an existing TX LLC, doing business in CA. This LLC will generate income from all over the world. I am going to register the TX LLC as a foreign LLC doing business in CA. At the same time… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
Converting my llc business to a c corporation and looking
Converting my llc business to a c corporation and looking for a lawyer to sign the paperwork … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x