Legal Question in Business Law in Florida

As a Franchise Attorney I can say the following. Surnames are usually not protectable and are free for others to use. For example, McDonalds for burgers was once just an unprotectable surname. However, through extensive marketing it has acquired distinctive, secondary meaning. When a consumer hears "McDonalds," they automatically think of "that big burger chain." McDonalds has achieved secondary meaning and can thus prevent others from using the name. Someone could use my last name, Murphy, for a business and there's nothing I could do about it. 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.

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