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.


Asked on 9/04/09, 11:48 am

2 Answers from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

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.

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Answered on 9/04/09, 1:36 pm
Sarah Grosse Sarah Grosse, Esquire

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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Answered on 9/08/09, 10:42 am


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