Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

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: 7 months ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Customer reply replied 7 months 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 7 months ago
Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 2,402
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 7 months ago
They were first
Yes in the state of frorida
Business Lawyer: Lori, Attorney replied 7 months 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 7 months 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 7 months 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?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lori Your Own Question
Lori
Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 2,402
2,402 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

2,032 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

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

683 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 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
I need advice on business partnership problem for a small
i need advice on business partnership problem for a small business that wants to expand. currently 2 partners 50/50 and one doesnt want o expand. the other partner plus 2 new ones want to. the is no o… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,387 satisfied customers
I have 2 questions: 1. I have a 2 person (husband and wife)
1. I have a 2 person (husband and wife) very small s-corp registered in AL. We would like to move it to FL. what's the process? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,387 satisfied customers
I'm currently living at Florida Miami, thinking the option
Dear Lawyer.I'm currently living at Florida Miami, thinking the option to open a corporation or business that will help foreign or tourist to open their own business at Florida and better Miami, could… read more
LegalGems
LegalGems
Juris Doctorate
12,788 satisfied customers
Im a sole proprietorship and my accounting told me to be a
im a sole proprietorship and my accounting told me to be a LLC and he will to take care the sub: proposal &engagement latter-payroll, bookkeeping, & quarterly filing, LLC Corporate Taxes. I sign and a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
I'm running my business as an llc registered in California.
I'm running my business as an llc registered in California. Looking to become incorporated in Delaware and dont want to change business names. I also want to have a fresh start on my accounting. Is th… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,407 satisfied customers
I am a member in a 2 member LLC formed in Michigan. I also
I am a member in a 2 member LLC formed in Michigan. I also own a one member S Corp. I want to replace my personal ownership in LLC with that of my S Copr (so remove me and replace me with SCorp in LLX… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Is a tanning salon in NV called Bronzed can I legally call
Hi there is a tanning salon in NV called Bronzed can I legally call mine Las Vegas Bronzed… read more
MIAMILAW1127
MIAMILAW1127
Partner
Juris Doctorate
680 satisfied customers
I am the only member of an LLC (started out as 2 members but
I am the only member of an LLC (started out as 2 members but for over a year has been single member LLC).Another business owner who the LLC did contract with previously has filed in Small Claims askin… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a dental practice that was formed 40+ years ago, in
I have a dental practice that was formed 40+ years ago, in 2011 we restructured and formed an LLC. This week another dental practiced sent me a letter that my LLC was impinging on their DBA which they… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am a landlord and have a commission agreement with a broker(his
I am a landlord and have a commission agreement with a broker(his LLC) who brought in a tenant several years ago. We have agreed to terminate the agreement for a consideration. After 2010 he did not f… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hi, I want to setup a holding LLC to invest in another LLC
Hi, I want to setup a holding LLC to invest in another LLC which operates as an Irish Pub. My LLC will own 62.5% while my Uncle wants to buy into the other share. The reason i want to use a holding LL… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am the sole owner of an LLC in Ohio. I am also a full time
I am the sole owner of an LLC in Ohio. I am also a full time teacher about to retire. Recently I found out that I will be entitled to only 40% of my Social Security because I am in the teachers retire… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,358 satisfied customers
I am looking to start a home business and want to register
I am looking to start a home business and want to register as an LLC. I want to be able to keep the registered owners of the company private. I was going to use LegalZoom or something similar to act a… read more
BizIPEsq.
BizIPEsq.
Employment Technology & Business Lawyer
Doctoral Degree
375 satisfied customers
Can you use a fictitious name (dba) if there is already an LLC with that name and the LLC
Can you use a fictitious name (dba) if there is already an LLC with that name and the LLC is listed as inactive? For example XYZ Plumbing Company LLC is registered with Florida, listed as Inactive, bu… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
All my questions are pertaining to and LLC which im one of
All my questions are pertaining to and LLC which i'm one of the owners of. May 19, 2012. I received and email stating that the other parties no longer wanted to do business, they held a meeting withou… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
I want to start computer recycling company. i want to know
I want to start computer recycling company. i want to know what i need inorder to start the recycling business like permits, how i can get business plan, if i need machinery, what zoning do i have to … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I have a llc in texas with four partners and 2 of the partners
I have a llc in texas with four partners and 2 of the partners decided to go on their own while still connected to the llc, conducting the same business as the corp , using the company letterhead and … read more
J.Hazelbaker
J.Hazelbaker
Attorney
Doctoral Degree
393 satisfied customers
Is it a good idea to put an LLC into your personal name,in
Is it a good idea to put an LLC into your personal name,in conjunction with your (two) other business LLCs?… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 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