Legal Question in Bankruptcy in Florida

I have no assets but did have a asmall construction company that I need to disolve. The name is still being used in SC where it was initiated and now in FL. How do I disolve this company name so that no one is using it to do work under my old company name?


Asked on 11/14/09, 9:22 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I cannot think of a way to "disolve this company name" so no one else can use it in the future. I thought about it, from several different angles (business name, trademark), and I do not think you can prevent another from using a name after you have ceased using it and dissolved the company. It is possible under certain facts (not given here) that you could stop another from trading on the good will you have established, but that would be under a theory of unfair competition, and if you are no longer competing in the market, I don't know how far that would fly. Perhaps under a theory of unjust enrichment you could recover damages, but that is even further of a stretch.

If you have a bankruptcy attorney, I suggest that you run this question by him. He would know a great deal more details about your situation, and even if he doesn't know the answer, he may be able to point you in the right direction.

Good luck to you.

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Answered on 11/19/09, 9:49 am


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