Lawyers, Answer Questions  & Get Points Log In
Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: Is it ok to register a business / trademark using a different name?

Hello,

I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?

Thanks in advance.

John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

This response is not specific legal advice and is not intended to create an attorney-client relationship.

You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .

A trademark is a word, name, phrase, slogan, or...
Read more »

1 Answer | Asked in Business Formation for Pennsylvania on
Q: Can I re-purpose a dormant LLC into a whole new business?

I have a 10 year old single member LLC (registered in PA). Can I amend my articles of organization and rename the company to turn it into a different business than it was originally created as? I want to capitalize on the age of this entity?

Michael Cherewka
Michael Cherewka answered on Mar 27, 2020

this answer depends on your documents and whether you have maintained the LLC as active in PA. Most Certificates of Organization filed for LLCs do not contain specified types of business that the LLC will operate. so, in general, as long as the business is legal to operate, your LLC should be... Read more »

1 Answer | Asked in Products Liability, Business Formation and Small Claims for Texas on
Q: Quick question, I have not received my refund for almost four months from Adidas. I've called them more than 3-4 times!

But no luck! I wanna sue them, cause this has been going on for a long time and every time I call them, they say they are sorry and they are going to refund it and all! But nothing... Even local shops just would refund in a day or two, but every time I call them, they say it is in the process and... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

A Texas attorney who deals with consumer rights issues could advise in the most meaningful manner here. But your question remains open for four weeks. Keep in mind that in pursuing a lawsuit, your time lost from work/school in going to court, handling paperwork, etc. could run you more than the... Read more »

2 Answers | Asked in Business Formation for Florida on
Q: If I have an LLC registered in the state of Florida with multiple words in the name, can someone else register an LLC

Using a portion of the same words used in my LLC registration? Or, using the same words but in a different order?

Keith Kanouse
Keith Kanouse answered on Mar 23, 2020

If the Florida Division of Corporations accepted the name of the other company, you have problem particularly if you do not also have a Florida or Federal trademark registration.

View More Answers

1 Answer | Asked in Business Formation, Civil Litigation, Communications Law and Landlord - Tenant for Oregon on
Q: Does 1 have to be late w/rent directly due to Coronavirus to be exempt from eviction for the next 6 mos in Mult. Co?

The moratorium said those who dont have the virus but are late will not be at risk of eviction but I've just paid my rent 8 hours late and my landlord is still attempting to follow thru on the 72hr notice. It also seems to me this prop mgmt company is predatory. I fell down the steep crooked... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 19, 2020

A landlord does not have to accept rent paid after a 72 hr deadline and normally can proceed to evict if they wish. Currently however no court in Oregon is processing or enforcing residential landlord-tenant cases so the landlord can do little at the moment to enforce rent payments. If they DO... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Louisiana on
Q: Is it legal for a business not to refund you a deposit due to a pandemic and mandatory shutdown of all events?

The business says a refund is only refunded due to inclement weather. The city of New Orleans is on a mandatory shutdown and the event is cancelled, so the business won’t be needed. They said they won’t give the deposit back and use it as a credit. The event won’t be happening or rescheduled... Read more »

Imtiaz A Siddiqui
Imtiaz A Siddiqui answered on Mar 18, 2020

Additional details are necessary to provide a useful answer.

Share as much as you feel comfortable sharing, but some questions that come to mind:

What is the event?

What business is the business in?

What do you mean by "so the business won't be needed"?

View More Answers

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Would like to know what type of license would I need to start an online clothing boutique and be able to but wholesale
Keith Kanouse
Keith Kanouse answered on Mar 18, 2020

You would at least need an occupational license from your city or county.

1 Answer | Asked in Real Estate Law, Business Formation and Land Use & Zoning for Maryland on
Q: Do shareholders have rights (as a individual would have) on properties owned by the company in Maryland?

For example, a company purchases and owns a 200 acre property, does every shareholder of this company have the right to use the property, just like if an individual owns it? Will they be considered as owners of the land to camp, hunt, fish and other outdoor activities on the land?

It is... Read more »

Richard Sternberg
Richard Sternberg answered on Mar 12, 2020

A corporation is like a separate person. The fact that you have rights in the person does not give you rights in its property. Those rights are defined by corporate law, the articles of incorporation, the bylaws, and any applicable contracts

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: What is the most cost effective way to reinstate my corporation that was voluntary dissolution last year?
Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Either pay the fees and late fees or start a new one entirely. A business attorney can help you based on specifics and details related to your business and why you need or want to reinstate the old one or if you would be better served going in a different and new direction starting anew. The... Read more »

View More Answers

1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

2 Answers | Asked in Business Formation for Illinois on
Q: Need guidance with creation of Series LLC in Illinois. Need to put 3 rental properties in this.

Can I create this online and file with the state? What do I have to do? I have Hyatt Legal Plan but that does not cover this. Any guidance will be sincerely appreciated.

Cynthia Rote
Cynthia Rote answered on Feb 24, 2020

Yes. Go to the Illinois Secretary of State's website, business services division and you can find a lot of information there on how to create Series LLCs. There are certain steps you should take after creating them. For example, you will need a separate operating agreement for all of them,... Read more »

View More Answers

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I form 2 LLCs or just 1?

I want to form an LLC form my freelance graphic design company, Im the only employee for now. I also wish to sell t shirts, posters and such under same brand. Like how Disney for example creates movies and sells apparel. Would I need to form two seperate LLCs or just the one and create a dba for... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

There are both legal issues and tax issues to consider. You'll first need to talk to your business tax adviser about your tax situation and the plans for your business, to determine the preferred organization structure. Then use the Find a Lawyer tab to retain a local business attorney to help... Read more »

1 Answer | Asked in Criminal Law and Business Formation for Texas on
Q: if a non profit organized as a religious organization who's religious believes are not in line with parts of a state cod

or federal code, can you exempt those codes in the by laws or purpose of incorporation?

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 22, 2020

No. Firmly held religious beliefs did not spare Rastafarians from prosecution for possession of marijuana, nor did they spare fundamentalist Mormon Warren Jeffs from being sentenced to life in prison for having sex with the little girls that he supposedly "married" in his freak church.

3 Answers | Asked in Business Law, Business Formation, Intellectual Property and Trademark for New Jersey on
Q: Can a company use a different name than their registered business name in their advertising?

2 companies, same NJ town, similar names (names changed for privacy).

Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.

Company #2 - XYZ... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 21, 2020

If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... Read more »

View More Answers

1 Answer | Asked in Business Formation, Business Law and Tax Law for Delaware on
Q: I left a company I cofounded but still have 50% share. Would I be personally liable if the company does not file taxes?

I cofounded a S corporation in Delaware a few months ago and left the company as the board member and employee after a couple of months due to disputes with my partner. I still kept the shares (50%) because I was not compensated for the work I did. The company was a start-up and did not have any... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 19, 2020

Depends on what's in the operating agreement/by-laws. What was the underlying entity that was S-elected? S-corps cannot be created at the state level, you have to have a registered entity upon which to elect S status. The IRS will use the entity law to determine owner liability and responsibility... Read more »

1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Small business question here, located in New Hampshire.

My partner and I are starting a rally company, an exotic auto enthusiast adventure. We came up with the name Apex Rally, and come up with a great logo. We fell in love with it and could really see the company coming to life in our minds. We just discovered a company in a different state (New York),... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

The answer to your question involves a bit more than name comparison. At least trade channels, zone of natural expansion, and use of the senior mark should also be considered. If you are starting a business, it is a good idea to engage an IP attorney to complete a clearance search for the name and... Read more »

1 Answer | Asked in Business Formation for Pennsylvania on
Q: non-profit board of directors voting limits

in a non profit corporation (in this case a parent run 501c3 youth sport organization) can voting be limited to one per family even if two members of the family are on the board of directors? How should that be written?

(Pennsylvania)

Michael Cherewka
Michael Cherewka answered on Feb 18, 2020

in general , yes, you can draft or revise your Bylaws to limit voting as you describe. you should consult with your attorney to review your Articles and Bylaws before attempting to draft the voting restrictions as you describe them

1 Answer | Asked in Business Formation for Texas on
Q: Could I use Golden Ticket in my business name if its a Transportation Company?
Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

You may be able to use the name Golden Ticket for a transportation company or "golden ticket" in your business name. The complete answer to your question depends on use of that name, or names that would be confusingly similar, in the same trade channels.

Currently, there are 39 marks...
Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Georgia on
Q: I want to join network marketing company using my LLC. The wording seems to say that I can only use my legal name.

Are they talking about my name or the LLC name on its paperwork?

Here are the details:

“ Individuals or entities may only register as IBOs using legal names. An IBO cannot be signed up or registered with a fictitious business name.”

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

If you cannot understand what this very simple language means you really should employ a small business lawyer before you get yourself into real trouble. Answer: You can ONLY use your REAL name--or the REAL name of your LLC, or the REAL name of a corporation, or partnership, or limited partnership... Read more »

View More Answers

1 Answer | Asked in Business Formation and Trademark for New York on
Q: Can I start an advertising agency call Spock Media or would that be illegal due to trademark restrictions?
Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use.

If...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.