Legal Question in Business Law in California

I operate an independent production company which produces short films that are uploaded to my website, Youtube channel, and sometimes burned on DVDs (to be sold in the future, but has not happened yet). I don't want others to use the name of my company. There is a logo associated with the name. I am not making money from it yet. I produce my own projects. I do not advertise for others to hire me. Should I fill out paperwork for a DBA or for a trademark? Should I fill out paperwork to make it a sole proprietorship? I make movies wherever I go, so there is no specific location (state or city) I operate out of, so how do I ensure that my business is protected in every state in the nation? Thanks for your advice.


Asked on 8/08/11, 4:27 pm

2 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

I highly recommend that you file for a federal trademark registration. This will protect your mark within the entire United State, unless someone already owns the mark. As for the DBA and your question on what sort of business entity to setup, the information you disclosed here is limited for me to be able to give you the proper advice.

However, feel free to give me a call or an attorney in your area. I give free consultation and we can discuss your matter more throughly.

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 8/08/11, 4:40 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. Filing a DBA won't protect your name - that's why you need to use trademark protection which is available at both the state and federal levels. Federal is the strongest protection, but you have to be doing business is commerce - across a state line or with customers who reside in another state, but enter CA to do business with you. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/09/11, 8:00 am


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