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I have a company called RemarkablyGreenLLC that has been registered in Florida since September 2023. Another company started using the exact same name in 2024, but I have not been approached by them, and we seem to provide different services. I have not taken any legal action yet. Can someone use... View More 
answered on Apr 29, 2025
The other company using the same name warrants investigation and potential legal action to protect your brand, especially if there's a risk of confusion. You should consult with an attorney.
I have an established business called Greg's LLC, where I buy and sell real estate. I also have a website called mobilehomesforsale.com, which I use for advertising, marketing, and collecting leads. I plan to use the name "Mobile Homes For Sale" on business cards, online ads, and... View More
I've been attempting to obtain copies of the financial records from my HOA property manager in Florida. I made a verbal request a week ago, but she refused, claiming that since she created the document, it belongs to her. This has been an ongoing issue for the past two years, as the property... View More
answered on Apr 25, 2025
In Florida, both condominium and homeowners’ associations are required to provide access to financial records—even if they were created by the property manager.
For HOAs, Fla. Stat. § 720.303(4)(l) requires associations to maintain:
“All other written records of the... View More
I'm planning to name my nonprofit organization that helps individuals with special needs enter the tech workforce as 'Nabby.' However, I know of two businesses, Nabby and Nabby's, that are in the food industry and are for-profit. These businesses are not located close to where... View More
answered on Apr 25, 2025
No, the name will be deemed too similar and will be rejected when you submit the application paperwork. You can go to the Florida Department of State website and try, and this likely will be timely confirmed with notification that you have to pick another name.
I am part of a Florida corporation importing food items like juice and condensed milk to Miami. These goods are stored in a bonded warehouse and then re-exported to Cuba, without entering the U.S. market. We hold all necessary import/export licenses and comply with U.S.-Cuba trade regulations. The... View More
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answered on Apr 24, 2025
Your operation of importing food items to Miami, storing them in a bonded warehouse, and then re-exporting to Cuba without entering the U.S. market appears to be structured within legal parameters, but requires ongoing vigilance regarding compliance requirements.
The Trade Sanctions Reform... View More
I am concerned about a petition that was submitted to remove the president and vice president from our HOA board. We have reasons to believe the signatures were gathered in bad faith, as allegations were made that board members were making false promises, including one year of free HOA payments, to... View More
answered on Apr 24, 2025
Homeowners have a statutory right to recall board members and do not have to provide a reason. If people vote to remove these members without verifying the facts than that is their choice. If they used the proper forms and obtain 51% of the votes of the lots with signatures from actual owners... View More
I am developing a tabletop role-playing game (TTRPG) and plan to sell the core rulebook while offering a special corporations book for free. I want to use names like Coca Cola, Pepsi, or Microsoft as direct references to actual companies/products within the game, but not as part of a story. I do... View More
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answered on Apr 27, 2025
Using company names like Coca-Cola, Pepsi, or Microsoft in your commercial TTRPG presents significant legal risks. When using trademarks owned by other companies, you may be subject to trademark infringement claims unless your use qualifies as "nominative fair use." Nominative fair use... View More
I offer a cleaning service and signed a one-year contract starting in 2025. The contract stated it would automatically renew with a 7% increase, but allowed Emma Holdings to terminate, adjust the scope of work, or modify terms at their discretion with written notice provided at least 48 hours... View More
As a business operating in Florida that installs residential closets, do I need to obtain a specific type of license, and are there any local regulations or permits required for these installations?
answered on Apr 16, 2025
In Florida, whether you need a permit for installing a residential closet depends on the scope of the work and your local building regulations. Before proceeding with your closet installation, it's advisable to consult your local building department to determine whether a permit is... View More
I would like to form an LLC in Florida under the name "Visionaire Enterprise." However, this name is too similar to an existing business, "Visionaire Enterprises," in the state. I am considering using the name "Visionaire Legacy" for my LLC and filing a DBA as... View More
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answered on Apr 15, 2025
Under Florida law, here’s how your situation would play out and what you need to know and do:
1. LLC Naming Rules
Florida requires that the name of your LLC be distinguishable from any other entity registered with the Florida Division of Corporations. So, if "Visionaire... View More
I obtained a Florida marriage license at the Clerk's Office on 09/21/22, which both my partner and I signed. We had a symbolic wedding abroad, but the marriage license was not notarized or signed by the wedding officiant and was never sent back to the court to be recorded. We have a joint... View More
answered on Apr 15, 2025
Obtaining a license by itself does not mean that you are married. Florida, like most states, does not recognize common law marriage so how you have lived and the joint bank account are not important. You could do an online search of the clerk who issued the marriage license to see if there is a... View More
Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More
answered on Apr 14, 2025
Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More
I am a successful owner of an Amazon automation store and would like to transition to a limited partner role while someone else manages the store. I am considering forming an MMLLC and either having a manager as a partner or setting up the MMLLC to be taxed as an S corporation and hiring a manager.... View More
answered on Apr 12, 2025
Forming an LLC and then electing Subchapter S status offers advantages over forming a corporation and then electing S status, particularly in terms of flexibility, ease of formation, and potentially lower overall administrative costs. While both structures provide similar tax benefits (pass-through... View More
I am a defendant in a mass lawsuit filed by Tangle Inc., alleging trademark infringement, willful counterfeiting, false association/false designation of origin, and jurisdiction in Florida. My only sale in Florida was a test purchase by the law firm made on November 1st, 2023, and I don't... View More
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answered on Apr 7, 2025
First, it's important to respond to the lawsuit in a timely manner, as ignoring it could result in a default judgment against you. If you haven't already, file a formal response to the court, which usually includes an answer to the complaint and any defenses you wish to raise. Given your... View More
I worked for a company where I created and stored documents and projects on my personal Google Drive account with the employer's consent. After leaving the company, I removed these documents from my account. The signed offer letter and NDA did not specify storage policies for company documents... View More
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answered on Apr 2, 2025
Yes, your former employer could potentially sue you for removing documents from your personal Google Drive account, even though you created them and stored them with employer consent. The key issue here revolves around ownership of intellectual property created during employment. Generally, works... View More
I have a two-tier LLC structure in Texas where a parent LLC (60% owned by my brother and 40% by me) wholly owns a subsidiary LLC conducting our consulting business. Our operating agreements include a clause designed to prevent a spouse from acquiring an ownership stake that could interfere with the... View More
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answered on Apr 11, 2025
This is a smart question to ask now, especially before the business begins generating income. In your case, since the LLC is formed and governed under Texas law, the operating agreement’s transfer restrictions—including those covering divorce scenarios—will likely be interpreted through Texas... View More
I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More
answered on Mar 28, 2025
There is a federal trademark registration for D'TU PIZZA:
https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What you should do will depend in part on the dates each of you began using the marks and... View More
I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I... View More
answered on Mar 26, 2025
First, the lender has the right and will probably sue you for any deficiency in the loan once the car is repossessed and sold at auction. The bankruptcy will only protect her, not you. She has the option of surrendering or keeping the car by paying off the car loan, her choice. Good luck!
I am a member of a woodworking association in Florida, which is not a registered entity. There are no signed agreements for members, and I am concerned about personal liability if the association gets sued, especially in cases involving injuries from tools like saws. As just a member with no... View More
answered on Mar 25, 2025
An association that is not a registered legal entity (such as corp. or LLC) is not an entity that has the legal capacity to be sued - it's simply a group of individuals associating with each other, and therefore, there is potential liability for each and every individual that can be accused of... View More
I am wondering if a foreign company, which is not registered in its own state or in Florida, is allowed to engage in rent-to-own leases for equipment trailers in Florida. The company has already conducted several such transactions in Florida. Are there legal requirements or risks involved with not... View More
answered on Mar 23, 2025
Yes. Even though your business is out of state, you may be required to register to do business in Florida as a foreign business entity with the Florida Department of State, Division of Corporations and/or file tax in Florida. Some common examples of activities that create a business connection... View More
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