Legal Question in Business Law in Florida
I plan to establish an LLC in Florida. I might want to name the LLC using the name of a very famous golf course. Example: Oakmont Financial Group LLC. Could I do that or would I need an approval from Oakmont Golf Club? Thanks.
2 Answers from Attorneys
Probably not although no one might notice. You need to determine if the name Oakmont is trademarked (either registered or common law - i.e.: used in commerce to identify the source of goods or services with no Federal or State registration). They probably won't give you permission either.
You have a big problem. Registering a similar business name is not the issue. Doing business (providing goods/services) under the similar name is the real issue. If the corp you are trying to impersonate gets wind of this, you are toast.
I am one of the attorneys who polices trademarks of corporations on the internet and who makes small businesses change their names. Trust me when I tell you, they will see you, and they will care enough to make you change your name. Minor expense to a big corporation, but devastating to a small business. Don't do it.
Be smart on the front end, please. Don't waste your money investing in a name that you will later have to change.
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