Legal Question in Civil Litigation in Florida

Re: name.logo.colors of company

Hello:

This deceptively simple question has a (likely unsatisfying) complicated answer - it depends. You hit on a number of issues - existence of an initial business, original company, original intellectual property, assignment of the property and perhaps intellectual property, new business, new property, new intellectual property. Depending on how much information you have about each of these categories, and what you know to be true about them, means you can start to ask more detailed questions to get to the bottom of your possible legal risk.

Trademark (business name, logo, colors, potentially) can be extremely complicated stuff. Don't invest money in the company until you know more about the risks inherent in being wrong about the ownership and existing interests in the first company. Just because the company went out of business doesn't mean they don't still have rights that could keep you from opening the new business.

Bottom line? Being wrong can be very expensive.

Contact me if you would like to pursue this further.