LEGAL QUESTION????

hey to all my lawyerly gals....i have a question...

with regards to starting a business....and naming said business....

if someone somewhere (california) has the name I chose already - and their website says:
Copyright (insert name here) ©2008 All Rights Reserved

does this mean the stuff on their website is copyrighted or the NAME OF THE COMPANY is?

Can i still use the name???

Hopefully someone can help!!!!

Thank you!!!!!!!!

I am not a lawyer but when we started our business we formed an s-corporation. Under the articles of incorporation we chose our name and were assigned an entity identification number. I am pretty sure that our name and EIN are exclusive to us. On our website we display the same type copyright info as what you posted that site is saying.

Maybe you can play around with your wording or spelling to come up with a similar name, if you cannot use the name they have already
HTH

thank you for the reply!!!

how did you form your corp? Would you mind sharing?

We did everything through the SBA. There is a lot of useful info there on the different types of corporations and how to become one!

SBA.GOV
HTH good luck

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Posted by mRm2008

We did everything through the SBA. There is a lot of useful info there on the different types of corporations and how to become one!

SBA.GOV
HTH good luck

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thank you!!!

hey guys!! s corp owner here, too!

heres the 411. if youre doing a sole prop, you can sign up for any name under the sun at your county office SO LONG AS no one is that STATE has taken the name under a corp.

IF---- you want a corp name, they check WITHIN THAT STATE, and if no one has it, YOU CAN HAVE IT. but, this does not mean that in florida someone else cant have the same company name as you... THEY CAN. therefore, you CAN have the same or similar name of a company from another state, as long as no one beat you to it.

in regards to copy right and copy right infringement, that is another issue. and you may find it here http://www.copyright.gov/laws/

also, just because someone has a copy right symbol, doesnt really mean it is copy righted. i would look into it first.

one last thing, if you start up with a sole prop, anyone can take your name and start a corp with it. corps never ever check sole prop names or files when making corps. but sole props MUST check corp names. hope this was more helpful than confusing. xxoo

thank you so much!!!!

I hope you won't mind some FM's.. :)

oh and here is how we did s corp

you can even do it online now!! def should NOT go through lawyers or even online firms, its very easy, do it urself and save money.

https://www.gorr.state.ny.us/wsapp/OPAL/OpalJSPLoader?DocUNID=6809A2B48A054018852573FC00213733&JspFormName=Certificate+of+Incorporation


and once it goes through, you have to file with the IRS to become S corp, or else you will be a regular corp and then you pay double tax.

sorry for writing so much

xoxo good luck!