Legal Question in Business Law in Florida
corporate name
what do i have to file to stop someone from using our corporate name as their own?
3 Answers from Attorneys
Re: corporate name
Have a lawyer send a cease and desist letter, depending on who has priority in the name.
Re: corporate name
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If your name was properly and continually incorporated prior to the other entity's use of the name, you should have the exclusive use to it. You need to have your attorney send a cease and desist letter to the other company. If they fail to comply, then you will have to consider legal action.
Scott R. Jay, Esq.
Re: corporate name
Depending on the circumstances, you may also have a claim for trademark infringement, which could also be raised in any cease-and-desist letter which is sent on your behalf.
Related Questions & Answers
-
LLC without insurance If an LLC does not possess liability insurance, does this... Asked 9/28/07, 4:13 pm in United States Florida Business Law
-
Company Name Infringement I started a business and chose and registered the name... Asked 9/27/07, 9:59 am in United States Florida Business Law
-
Subcontarctor we had a work that stated he would be subcontracted by us doing... Asked 9/26/07, 12:28 pm in United States Florida Business Law