Legal Question in Intellectual Property in Florida

I've recently received an e-mail from an anonymous individual from (mycompanyname)@gmail.com. In the e-mail, they threaten to copyright and trademark my business name (my business is a registered s-corporation in the state of FL for 2-3 years now), and upon receiving said copyright/trademark, forcing me to remove my website unless I pay them a hefty "premium." The person threatening mentioned in the e-mail that they are an old client who was upset with the service they received, so in return they want to ruin my business. They also signed the e-mail with my name (and may quite possibly be posing as me in e-mails to others). Is it true that they can suddenly trademark the name that I came up with and force me to stop doing business as it? Also, is signing e-mails with my name and threatening me illegal (extortion possibly)? If so, what do I have to do to stop this individual. Is there somewhere I can report them or will I be forced to sue them?


Asked on 8/14/11, 7:30 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. First, you can't copyright a name, but it can be trademarked. Second, you already have what are called common law trademark rights that exist independent of any trademark registration. It's obviously in your best interests to protect your mark anyway, and hopefully at the federal level as it gives presumptive rights in all states. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/15/11, 8:03 am


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