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Internet law - Essay Example

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It is mandatory that a person who starts a business should have a DBA. The person who starts a business under an invented name…
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Internet law
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Internet law

In addition to this, the DBA certificate must be obtained to ensure that other businesses do not take the same name as that of the business in question.
Even though not mandatory; registering a trademark would be beneficial. This offers him the protection against using the same name for another business. When a person chooses a business name which exists earlier; he has to make modifications to it before establishing the business in market, the location of business, the kind of trade done or entrepreneur’s name. An apparent distinction has to be done between the existing name and the new business name. “When choosing a name that already exists, you can legally use a universal name like "ABC Florist" as long as you change any direct associations between the business and a sole proprietor or owner already attached to a different business in another state. For example, you could not name the business, “Maggy K. Smith Florist” if that name already exists in another state. However, you could name it ‘DEF Florist’." (Gaston 2010).
The services of a solicitor may be required for registering a domain name or for enforcing such a privilege over an existing service provider. The main aspects are in terms of the procedures, likely cost, time scale, and the chances of success.
Procedures: The procedures are quite simple. It is necessary to seek out a domain name, registrar and complete the necessary formalities. There are registrations being undertaken free of cost and others for nominal costs.
In this case, it is seen that the name of Bradford Models already exists, although it is not indulging in the business of wooden toys as what Maggie May (MM) is doing. Moreover, neither these businesses are registered with the appropriate authorities. Since the identical business is not a registered domain, prima facie, there is no rule that could prevent MM for operating this domain; since this is a public property now.
However, in order to ... Read More
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