October 2015

business name
Intellectual Property Law
Eric Gros-Dubois

What is a Fictitious Business Name?

An important aspect of establishing a business is finding the right name under which a given company is to conduct its business.  While some business owners choose to use their own legal name, such as “Jane Smith’s Hair Salon,” others might prefer to use a catchphrase or a term associated with the nature of the business or its product, for example “Jane’s Cuts,” or “Fashion Cuts.”  In the latter case, the business is said to operate under a fictitious business name.

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trademark
Intellectual Property Law
Eric Gros-Dubois

How to Register a Florida Trademark

In Florida, the general rule for trademark rights is “First In Use, First In Right.” In other words, you must be the first to use the mark in commerce. Either by selling products (for goods) or providing services (for services) before you can register the trademark.

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break of contract
Contract
Eric Gros-Dubois

What Remedies exist for Breach of Contract?

When there’s a breach of contract for the sale of goods, the UCC governs.  Under the UCC, failure to deliver goods is a material breach, but in common law, it is not.  Any contract can contain a “liquidated damages” provision which typically includes a certain amount of money that the non-breaching party is entitled to if a party breaches the contract.  

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The Entrepreneur's Handbook

This is a quick legal reference guide covering 16 topics that every business owner needs to have to start a business