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Florida Business Formation Questions & Answers
2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 11, 2020

This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Can I register for a 'Fictitious Name' & pay for the Advertisement of the use of the name in newspaper on the same day?

Can I still run the Advertising after registering for a fictitious name? I will run the Ad within the same week.

Evelyn Suero
Evelyn Suero answered on Jul 27, 2020

In Florida, when you register a fictitious name you only have to certify that the name has already been advertised. However, publications may not place the advertisement on the same day that you submit a request for advertisement. Verify that the name has been advertised before you register.

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1 Answer | Asked in Employment Law, Tax Law, Business Formation and Business Law for Florida on
Q: Opening an online store with stickers/prints/shirts. Will be making less than 100K a year. What permits do I need in FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2020

You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.

2 Answers | Asked in Business Formation, Business Law, Mergers & Acquisitions and Contracts for Florida on
Q: How can a minor buy shares in a private startup company?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2020

Until you are 18 your are not legally able to enter into any contracts. Period. The reason is because most kids under 18 are not capable of making sound financial decisions and can avoid responsibility if any company allows them to enter into contracts. The only other option is to get someone else... Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I am interested in small time reselling and I would like to know if there are any forms And documents I should have
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 10, 2020

If you are going to have any type of business you should incorporate in order to protect your personal assets. Also, you may need certain licenses to operate and you also need to register with the Florida Dept. of Revenue so that you can collect sales tax. Any time you sell something you should... Read more »

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1 Answer | Asked in Business Formation, Contracts and Gaming for Florida on
Q: I need legal advice on hiring, starting an LLC, and creating legally binding contracts for a game development studio.

Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.

Now,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 9, 2020

Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: What are the laws and requirements that bind money transmitters in Florida?

I would like to start a money service business specialized in money transfer overseas. Where do I start?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

The first place to start doing anything in the financial arena as a business is seeking a license to do what you want to do from the Florida Department of Financial Services in Tallahassee. Google them.

You will improve your chances of success in being approved if you hire a very...
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3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Yes. And, we can help:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can a felon with firearm and drug convictions start an ATM business in Florida?

I was arrested for possession of a firearm by convicted felon and for growing marijuana. Since then I've been trying to change my life around and I'm looking to start an ATM business. My plan is to purchase the ATM and make money off the surcharges. I heard it's difficult for felons... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 26, 2020

This is an interesting question. As a former operations officer in a commercial bank my educated guess is that ANYONE intending upon stating a new business owning stand-alone ATMs and making money from the (outrageous) fees will have to have some sort of state license to do so; and so the Florida... Read more »

2 Answers | Asked in Business Formation for Florida on
Q: Can I set up a dba under my name?
Evelyn Suero
Evelyn Suero answered on May 18, 2020

In Florida, a "DBA" or "fictitious name" may be registered for a sole proprietor unless he/she is doing business in their personal name. There are also exemptions for certain licensed professions. Consult with an attorney for specifics.

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3 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Filing taxes for a new LLC in Florida

Dear Professionals,

I registered my LLC with the state of Florida last October, but I have not been able to start running my business properly.

My company status is showing Active and I would like to prevent the status from changing into Inactive.

Given that I have not... Read more »

Evelyn Suero
Evelyn Suero answered on May 9, 2020

In order to maintain an "active status" with the Florida Department of State, an annual report must be filed each year for your business entity. More info is available on Sunbiz.org.

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1 Answer | Asked in Business Formation for Florida on
Q: I agreed to start partnership with my partner being the majority holder at 51% and me at 49%. We started a llc.

I funded the majority of it. We bought a day care. This whole time im begging him to sign a partnership agreement. He has now taken the day care and moved it to a different llc. What should i do?

Evelyn Suero
Evelyn Suero answered on May 6, 2020

When a Florida LLC doesn't have an operating agreement in place, then there are terms in Section 605 of the Florida Statutes that are provided to address your partner's right to transfer the LLC's property, dissolve the LLC, etc. Speak with an attorney to discuss your specific rights.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can I get my 21k back from my friend that I transferred to for business?

I have Transferred 21k to a friend for business opportunity. My friend has played me and will not give my money back. Is it possible to sue him and get my money back? The only evidence I have are through massages.

Heather Marie Meglino
Heather Marie Meglino answered on May 4, 2020

It is possible under a claim for unjust enrichment, which I will post below. The difficult part is where there is no written contract (besides text messages) there is no attorney's fees provisions. Meaning you would likely have to go pay an attorney to go after the 21k and not be able to... Read more »

3 Answers | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for Florida on
Q: If I purchase food solely for my cooking show, can I legally deduct the cost?

I have a Florida registered LLC and plan to begin a YouTube channel under the business name. The channel would be a "how-to" cooking channel. The principle location of the business is in Maryland. Can I deduct the cost of the food and kitchenware I use for the cooking videos?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 2, 2020

This is not a legal question. It is an accounting question that you should ask of your CPA.

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2 Answers | Asked in Business Formation for Florida on
Q: If I am making masks for small donations, do I need to have a business or 501c license?

I am making masks for first responders and other essential personnel. We are taking small donations just to purchase more materials to continue making them. We have made hundreds of masks with around 400 dollars in donations. More orders are beginning to come in as the media picked up our story.... Read more »

Evelyn Suero
Evelyn Suero answered on Apr 20, 2020

A person or business/nonprofit organization must have a solicitation license before engaging in the solicitation of donations in the state of Florida. If you are soliciting donations/money, you should speak with an attorney for assistance in obtaining this license and to discuss if you would... Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: The jurisdiction that constituted the principal place of business... immediately prior to filing cert of domestication?

What is this request referring to/asking for? An address? A state or county? It's unclear.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 9, 2020

I don't know what form (or "request") you are trying to complete, but they are probably asking for the state.

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: I am thinking about starting a home based business in FL. How will this impact my homestead exemption?

If there's a slip and fall or other issue would I be less protected with a home based business than if I rented a regular business space? Is both the business and the business owner liable whether a slip and fall occurs at home based business or a nonhome based business?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

If you are starting ANY business you should hire a lawyer who has great experience in owning and operating their own small businesses and has consulted with many different kinds of small businesses for decades. The uncertainty you are now feeling will only get worse and worse--until you have a... 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.

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2 Answers | 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.

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