Question about starting a business

[RagingInMiami]

I am looking into starting a one-man media business, where I would write and take photos for various clients, including corporate, non-profit and news agencies.
The name I want to use for the business is Magic City Media, but I've learned there is a company in Wyoming operting under that name.
Considering I intend to work solely in the South Florida area, do you think there are any legal reasons why I can't use that name?

[Worst Username Ever]

1. You are going to need to work with an attorney anyway

I would make a list or questions, including this one, to bring to the lawyer when you meet. You are going to want to set up an LLC, etc....

[cally]

2. Check out your local Small Business Admin

and Chamber of Commerce. I bought a CC book when we started our own business which had great advice and discussed the rules and laws. My guess is if the other business does not operate out of state (internet sales out of state would count) then you will be fine.

[OhioBlue]

3. not sure about that

but check with your Secretary of State's office. When my mom opened her own business there was another with the name. She just had to get their permission to use the name. There is also the possiblity of dba.... I'm sure others will have better advice.

[AngryOldDem]

4. I went through this about two years ago...

not because I wanted to, but I had to in order to keep my freelance relationship with a former employer...and it can be a major pain in the ass, at least where I live. Do yourself a favor and get an attorney and maybe an accountant lined up NOW.

And brace yourself for the tons of junk mail you'll get once your business name is registered with the state.

[KurtNYC]

5. I would start with your own name

just because it is a hassle to file dba and fictitious name stuff at least until you know the business is going to continue.

Doing business in your own name avoids all that.

[TlalocW]

6. Check in to see if they have it registered anywhere

or if it's just a name that they slapped on a sign to call their business. If it's the latter, register the name and use it. I don't think that you could then sue them to stop using it, but the reverse would probably be true.

TlalocW

[B Calm]

7. Go ahead and use the name.

They don't own the words!

[unblock]

8. not a lawyer, but:

in practice, there wouldn't be a legal problem unless and until one company or the other decides to expand into the other's area.

when i say "area" this means business area, which may encompass geography as well as commerce. e.g., if they distribute movies while you are an agent for actors, there's really not much conflict.

but if you're offering similar services in the same area, then they'll probably be able to force you to change your company name.

[Cuban_Liberal]

9. Check with the Secretary of State and County Clerk in your county.

I dunno about FL, but in IL, if anyone else is using the name, it will be listed in one of those places, and you want to avoid any infringement problems.

[sendero]

10. Trade names...

... such as this are the province of the States. Generally, you can get any Corporate name or a DBA (doing business as) name that is not already registered in your state. Of course, if a large company like McDonald's has a business presense in your state, they will come after you if you use their name. Not sure of the nuance of the law on that one.

In Texas, you can go to the county seat Records building and they can let you do a search for corporate and DBA names that are already taken. If Magic City Media is not taken in your state, and the folks who are using it in another state are not doing business in your state, you are probably ok to register it. Generally, a DBA is registered at the county level and then filed with the Secretary of State. Again, this is TX, your procedures may vary. Look in your phone book in the "blue pages" for something like DBA, business names, etc. Call and get the straight info.

I'm not a lawyer so take my advice with some caution. I am however an incorporated (in Texas) businessman who has several DBAs.

[Orangepeel]

11. of course you need to check with an attorney...

just be careful. keep in mind that just because you are granted permission by the state to use the name, it doesn't automatically mean that you are safe from a lawsuit later (the state doesn't own the name so they can't give it away if someone else has rights to it).

If the other company has ever done business in Florida, even if the name is not registered here, they may have rights and they theoretically could prevail if they should decide to sue you later. That's probably not too likely if it is a small company, but you'll have to weigh the risk.

[GumboYaYa]

12. Name availability under state law and trademark are two

separate issues.

I assume you are setting up a business entity to operate your business. In your case consider forming a limited liability company (LLC) as the LLC will be treated as a disregraded entity for tax purposes (meaning it is as if you earned the money on your own and not through a business entity) but you will still be able to have the liability shield for the debts of the business. In Florida you can download the forms to do this from the Secretary of State's website. After you form the entity, you need an EIN number. You can apply for that online by going to www.irs.gov.

When you form the LLC if the name is available is not taken by an existing business in Florida you may use that name for a business entity that you form in Florida.

That does not mean you are not violating a trademark. Trade mark law protects the use of names in commerce where the mark has sufficient uniqueness and has become associated with a business by virtue of use. Trademarks may be federal, state or common law. A Common law ytrademark arises from actual use only in the area of the use. If the firm with a similar name operates only in Washinton and not near you, the Common law trademark in Washington will not prohobit your use. Sometimes businesses apply for federal ttardemarks by registering with the United States Patent and Trademark office. Once the USPTO grants a trademark it prohibnits use by any new user in the entire U.S. You can search the USPTO website for issued trademarks at www.uspto.gov. Similarly, a state trademark will prohibit use of the trademark by any new user in that state. You can usually call the Scertary of State's office in any state to find out how to check that state's tardemarks.

I am an attorney and specialize in starting and finacing new businesses. Please feel free to PM me if you have questions about setting up your business.

[RagingInMiami]

13. Thanks for all the feedback guys

I'll let you know how it goes.

[Schema Thing]

14. oh heck friend...

... take this name that I've been kicking around for years but never used: American Pig Dog Graphics. Just rolls right off the tongue, don'it? Just change the "graphics" to "media", and we're both set.

[RagingInMiami]

15. That will get the clients rolling in, won't it?

I like Magic City Media cause Miami's nickname is "the magic city".

[Schema Thing]

16. Well ok, but my name would have your office full of Cubans in no time!