Legal Question in Business Law in Florida

I desire to launch a competition BBQ team in Florida and do not expect to compete outside the southeastern states. There is a Competition Team who caters in California the the name "Out of This World BBQ." since 2009. Can I use the name here while he does so there?


Asked on 7/15/11, 8:26 pm

2 Answers from Attorneys
Richard Kaplan

Probably not without his consent. Especially if they have trademarked it.

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Answered on 7/16/11, 5:03 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the issue is more complicated. If the CA company has a federal trademark registration, that gives presumptive rights in all states. If not, each party would have (and establish) trademark rights under the name in their respective, and expanding geographic areas. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/16/11, 7:16 am


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