Registering and Litigating Fictitious Names

What do the registration and litigation of fictitious names entail?

Some companies register a fictitious or “doing business as” (DBA) name to conduct business separate from its legal name. The registration of fictitious names falls under the Florida Fictitious Name Act, which requires companies to register their DBA names with the Florida Department of State.

One example of when corporate executives or boards of directors might require counsel on the registration and litigation of fictitious names is when a company wants to use a new name for a specific division or product line without changing its legal name. Another common example is when a company is involved in a dispute or litigation related to using a fictitious name, such as trademark infringement or unfair competition.

Need help with a matter related to the registration or litigation of fictitious names? Schedule your consultation today with a top corporate governance and operations attorney.

Which Florida and federal laws and regulations apply to registering fictitious names?

In Florida, the primary law governing the registration of fictitious names is the Florida Fictitious Name Act (Section 865.09, Florida Statutes). This statute sets forth the requirements for registration, renewal, and cancellation of fictitious names and penalties for noncompliance.

Regarding litigation of fictitious names, disputes can arise under various areas of law, such as trademark law, unfair competition law, and contract law. Therefore, the relevant statutes and regulations will depend on the specific legal issue in these cases. For example, trademark disputes might involve the Florida Trademark Act (Chapter 495, Florida Statutes).

What are common issues regarding registering fictitious names that lead to litigation?

The following issues are among the most common in litigation involving fictitious names:

• Improper Registration: Failing to register a fictitious name properly can lead to litigation. Companies must adhere to Florida’s Fictitious Name Act, which requires businesses operating under a name other than their legal name to register with the Florida Department of State.
• Trademark Infringement: Using a fictitious name that is too similar to an existing trademark can result in a trademark infringement lawsuit. Businesses should conduct thorough research to avoid infringing upon another entity’s trademark rights.
• Fraudulent Use of a Fictitious Name: If a company intentionally uses a fictitious name to deceive consumers or engage in fraudulent activities, it may face litigation and penalties under Florida law.
• Breach of Contract: Conflicts may arise if a party to a contract uses a fictitious name without proper disclosure, leading to a potential breach of contract claim.

What strategies can be employed to register fictitious names effectively and minimize the risk of litigation?

Based on the circumstances, the following strategies may be impactful:

• Conduct Comprehensive Research: Before registering a fictitious name, research existing business names and trademarks to avoid conflicts and potential litigation.
• Consult Legal Counsel: Seek guidance from an attorney experienced in corporate law and intellectual property to ensure compliance with Florida’s Fictitious Name Act and other relevant regulations.
• Register with the Florida Department of State: File the appropriate paperwork and fees with the Florida Department of State’s Division of Corporations to ensure your fictitious name registration is complete and valid.
• Maintain Accurate Records: Keep up-to-date records of your fictitious name registration, including any renewals or amendments, to avoid lapses in compliance.
• Monitor for Potential Conflicts: Regularly review the business landscape for new businesses or trademarks that may conflict with your fictitious name and address any potential issues promptly.

When a set of facts is appropriate to meet litigation requirements, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

Frequently Asked Questions

1. What is the purpose of registering a fictitious name?

Registering a fictitious name allows a business to operate legally under a name different from its legal name, providing flexibility and branding opportunities. It also helps to avoid confusion and protect consumers by ensuring businesses are identifiable and accountable.

2. How often must a fictitious name be renewed in Florida?

 In Florida, fictitious name registrations must renew every five years. Failing to renew your fictitious name registration can result in penalties and loss of your right to use that name.

3. What happens if another business registers a similar fictitious name?

If another business registers a similar fictitious name, it may lead to confusion, potential trademark infringement claims, and other legal issues. In such cases, it’s essential to consult with legal counsel and take appropriate action, including negotiation, mediation, or litigation, to protect your rights and interests.

Have more questions about governance or operations for your business?

Crucially, this overview of the registration and litigation of fictitious names does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.