DBA or Fictitious Name in Florida

DBA or Fictitious Name in FloridaOnce you have created your Florida business and registered it with the State, you should consider whether or not there will be another name under which you will operate your business. This is common for restaurants and other retail-type businesses and is referred to as a DBA or Fictitious name in Florida.

If your company is ABC, LLC, but the name of your restaurant is XYZ Food, then you should register XYZ Food as a “Doing Business As” (DBA), also known as a fictitious name in Florida. There are certain requirements that must be adhered to in order to fulfil the requirements for a DBA or fictitious name in Florida including a publication requirement.

If your business is not registered with the State of Florida and you are conducting business in Florida, then it is important to properly register your company immediately. Failure to do so could result in penalties that could stop your operations, fines, or other consequences.

For owners of corporations, multi-member LLCs, and other companies with more than one owner, it is not only important that you properly register your business with the State, but it is also important that you company documents are properly drafted in order to protect your partnership, your company, and yourself.

Persons and companies operating under a DBA or Fictitious name in Florida may also want to consider applying for a copyright or trademark for that name and your logo in order to protect the brand of the company.

Choose Your Florida Company Name Carefully and Protect It

Florida company nameA South Florida condominium development recently changed its company name in order to avoid association with a terrorist group. The business, Isis Downtown, had developed a negative connotation because it had the same name as the al-Qaida splinter group ISIS.

When starting a business, it is very important to choose the Florida company name wisely. The name you choose is one of the most important aspects to marketing and creating a brand for your company, and you will spend significant time and money establishing the brand. Although your company may not share its name with a terrorist group, the name you choose could have either positive or negative connotations in different circumstances and cultures.

It is important to research the name you choose when incorporating a business, and it is also important to determine how that name will fit into your marketing and branding strategy.

In addition to researching the Florida company name you would like to use, it is usually a good idea to protect that name with intellectual property, such as a copyright or trademark. Although this will not protect you from sharing a name with extreme organizations such as international terrorist groups, it can protect you from sharing a name with a domestic business or group that goes against the morals and goals of your company.

A Florida trademark will protect your name in the state of Florida, and a Federal trademark will protect you throughout the United States. A Florida trademark will take less time to obtain, which is why it is usually a good idea to apply for both marks.

If you are interested in incorporating your business in Florida or applying for a Florida or Federal trademark, then contact Boyer Law Firm, P.L. today.

Source: Daily Mail

Florida and Federal Trademarks and Service Marks

Florida and Federal Trademarks and Service MarksWhen you register a trademark or service mark, the first thing to decide is if you should register the mark with the Florida State Government, Federal Government, or both. A Florida trademark attorney can assist you in making this decision as well as assist you in applying for the mark.

Although you can establish your right to a trademark or service mark through its use in commerce without registration, owning a federally-registered trademark or service mark can provide you with the following advantages:

–          There is a public notice of your claim to ownership of the mark.
–          There is a legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration.
–          You have the ability to bring forth a lawsuit in Federal court if someone has infringed upon the mark.
–          The federal registration will be useful, should you choose to register your mark in foreign countries.
–          You can record the registration with the U.S. Customs and Border Protection Service to prevent the importation of foreign goods that infringe on the trademark.
–          You will be listed in the United State Patent and Trademark Office’s online databases.
–          If you do not federally register your mark, you may use the “TM” (trademark) or “SM” (service mark) designations. You may only use the “®” symbol after the United States Patent and Trademark Office (USPTO) has registered the mark.

The Federal trademark process is complicated and can take a year, or a few years, to process. Hiring a trademark attorney is recommended, as legal issues may arise throughout the process.

Florida trademarks are less expensive than filing a federal trademark, and they have fewer requirements, but a Florida trademark, or any other state trademark, is superseded by a Federal trademark, if one exists. Florida trademarks allow the owners to bring suit in a Florida court for infringement on the mark.

If you need help registering your Florida or Federal trademark or service mark, contact Boyer Law Firm’s trademark attorneys today. Our litigation attorneys can also assist you in both Florida and Federal court if your mark has been infringed upon.


The Copyright Act

The Copyright Act | Copyright Law Attorney | Intellectual Property Lawyer Jacksonville, Orlando, Miami, Florida

Under The Copyright Act of 1976, an owner of a copyright has exclusive reproduction rights, distribution rights, the right to create adaptations (derivative work), the right to prepare new works based on the protected work, and performance and display rights.

The owner may license or sell any of these rights for a profit. It is common for the owner to place certain limitations on how these rights can be used, such as the period of time in which they can be used, the number of times they can be used, the specific location in which the rights may be used, and more.

A good example of this is getting photographs from the internet. If you search Google images, most of those pictures are copyrighted. This is because copyright protection comes into existence when the protected work is created. However, certain photo-bank sites will license, or allow you to use, their photos if you give credit to the site or pay a fee for the pictures.

If you want to register your copyright, are wondering if you may be infringing on somebody’s copyright, or feel that someone is infringing on your copyright, contact Boyer Law Firm today. We can help you to enforce the Copyright Act.

Siri Stores Your Personal Information

Siri stores your personal informationYou’ve probably heard about Siri from Apple, the virtual assistant app that lets you speak your questions. What you may not know is that Siri stores the questions you ask in a database. Siri also collects other information, such as the contacts on your phone, in order to be more efficient. This information is also sent to Apple.

In Apple’s iPhone Software License Agreement, it says: “By using Siri or Dictation, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your voice input and User Data to provide and improve Siri, Dictation and other Apple products and services.”

Apple does not specify where the data is stored, how long the data is stored for, or what “subsidiaries” and “agents” have access to the information.

Because of this, IBM banned its employees from using the software at work.