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Part Of A Company And Company Names


richsantaclaus
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I wanted to see how you feel about what it means to be "part of a compnay."

If I contract a company to make product for me, am I part of that company? In my opinion, I don't think so.

A person can own a company and contract with anyone they want to make items for them and not be a part of that company.

For example: John loves flowers so much he wants to start his own flower store. He contracts flower growers so he can fill his store with

product. He contracts with 15 flower growers to buy their flowers. in my opinion, he is NOT part of any flower grower's company but he sells

their flowers at his store.

Do you think he is "part of the flower companies"? Please keep your thoughts focused on the flower store - thanks.

Secondly, what is your opinion about this example?

If I wanted to make plastic cars and wanted to start a DBA (doing business as) called FAST CARS, for example, and I saw that another plastic

car company already had the name FAST CARS a month before my intentions to start a company and I named my plastic car company F.A.S.T.

CARS LLC, of course it would be legal but a clear example taking advantage of the other companiy's name that filed first because it is so similar.

What do you think about this example? Please keep your thoughts focused on the plastic car company - thanks.

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Flower company - the flower growers are not part of the flower seller's company.

If the slower growers contract with the flower seller to sell their flowers, they are still not part of the flower seller's company but they may have contractual rights about the selling of their flowers - anything from advertising, priority, amount, price, etc.

Race Car LLC or similar named companies - it'll all be up to the individual state where they "license" (or whatever terminology is used in that state) their name or with the Federal government if there are copyright or other legal provisions for the name.

Obviously if someone does not "license" the name or properly go through legal channels, then the wronged party can go to the government entity that regulates the names and file a complaint or go through the court process to enjoin them from using the name. There are no clear cut answers to the second question you ask on race cars.

The above opinions are just personal opinions and not legal opinions, Contact your attorney or legal counsel to determine your individual legal rights.

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