QUESTION

If a company starts with a business name similar to another company's name, is that a violation of § 225.25? If so, how?

Asked on Aug 22nd, 2012 on Intellectual Property - Florida
More details to this question:
The Pepsi Cola bottling company is authorized to do business in Florida. It wishes to prevent another Florida company from calling itself the Pepsi Catsup company because the name violates §225.25. The Pepsi Catsup Company denies its name is in violation of this statute. The Secretary of State has the responsibility of enforcing this statute. 48 State Code Ann. § 225.25 (1999) states: The name of a company or corporation shall be such as will distinguish it from any other company or corporation doing business in Florida. Prepare a preliminary memorandum of law on the applicability of this statute. (You represent the Pepsi Catsup Company). Analyze the language of the statute. Point out which research would be helpful. Draft a letter to the secretary of state giving your position on the applicability of the statute.
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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Do your own homework. The purpose of this assignment is for you to do the research and learn how to think like a lawyer.
Answered on Aug 22nd, 2012 at 9:46 PM

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