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Montana Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Montana on
Q: Taking a name?

My family lives in PA, but we want to start a ranch in Montana. The name Mountain Valley Ranch is already issued as an assumed business name but under the sub of an individual. We were looking to go in as an LLC to protect assets. Are we able to submit that name as an LLC without legal issues?

Nellie T Schulz
Nellie T Schulz answered on Apr 20, 2022

This is a question of Montana law, not Pennsylvania law. Most likely, you will have to get the permission of the current owner of the name to use their name. Under Pennsylvania law, a person or company does not acquire any intellectual property rights in the registered name of a company, but the... Read more »

1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on
Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

I am interested in starting a freelance writing business. I recently learned that before I can proceed with the name I will need to confirm that the name is not at all infringing on any copyright laws. I am pretty new to this stuff and I'd really appreciate some advice for how to go about... Read more »

Will Blackton
Will Blackton answered on Dec 8, 2017

Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper... Read more »

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