Legal Question in Business Law in Georgia
I need information on what I need to do to protect our business (not official we are yet to procure a business license) from liability. we repair IPhones and need to be protected from liability of breaking or damaging pieces. Also we call ourselves IDoctorz, but since we do not have this name trademarked will that cause any issues?
2 Answers from Attorneys
I would suggest you may need to rename your business, and do not do anything else until you do what you should have done before opening (no business can start properly without a lawyer ever).
I suspect at some point you will hear from Apple's IP lawyers regarding trademark infringement, as IDoctorz may well infringe on the iPhone. See an IP lawyer to determine if that is the case, and if so, to rename yourself, and then to properly protect and register your new name. Bear in mind that the penalties for infringement can be enormous. And this is NOT a do it yourself project.
It is almost impossible for you to create a document that would protect you from your own repair mistakes. If that is your business plan, you may be better off closing than staying in business. Having said that you do need repair contracts for each repair that LIMIT your potential damages (probably to the cost of replacing a phone) so you don't get sued for consequential damages. The contract should also address many other issues. That contract should be written by a lawyer.
You can limit the company's liability by using a comprehensive services agreement that would need to be drafted by a business attorney.
As Mr. Ashman points out, I think you are going to have real problems with the name.
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