Is my business name legal?
I recently went on fiverr, hired some people to create a business name, slogan, logo, etc. I was given a list of names, I picked one out. I was told I would be provided with a unique logo as well. The order was completed. I was never given a slogan just logo and name. The order was completed and finalized. I filed my LLC, a few weeks late upon further research I find that the logo I was given was plagiarized and ripped off of an already existing logo. My LLC was approved. I went back to fiverr and filed a complaint, I was told they’d address the issue and provide me with 3 more logos. A week passes by, I ask about an update and no response, it was over a week since I’ve heard from them. I felt scammed so I went to the resolution center and the order was cancelled. The name given to me has already been approved by my state and is an LLC “”name provided” carpentry LLC”. The fiverr guy told me that I do not have the right to use the name given to me for it is Intellectual Property. The business is already approved? How does this work? Can I still keep and use it?
- DevorealLv 61 month agoFavourite answer
#1 The State would not Approve the name if you did not have the right to use it.
#2 The 'Fiverr Guy' is not a lawyer.
#3 You keep and USE that name until someone sends you a cease and desist letter.
#4 Have you done an internet search for businesses using the same exact name as you are? In some cases it is unavoidable. Example if your name is Albert Alan Anderson and you want to call your company AAA Auto Repair. If you do a search...there is a different AAA Auto Repair in every state in the USA....as a matter of fact...in Florida there are several. So if this is the case you may just have to change the name slightly...AAA+ Auto Repair....AAA Auto Repair LLC....AAA Auto Repair +...and so on.
#5 Using the above example There can be an AAA Auto Repair registered for business in California but if they did not register their name in all 50 states...then you are perfectly legal using it in any state they have not registered it in.
#6 You should still consult with a lawyer. (or your CPA...USUALLY they know more about business than a lawyer..) Fiverr is supposed to 'vet' the people it allows to participate and apparently the people you selected are in the habit of plagiarizing other people's work. You should get your money back...and Fiverr should ban those people from their site...and Fiverr still owes you a REAL logo.
- babyboomer1001Lv 71 month ago
You were taken. No right to use the name - they obviously failed to do a name search, to make sure the name is available. At least the guy was honest enough to face up to you with the truth, that you can't use the name, because it is not available. You should get ALL of your money back. Choose a name yourself and hire a lawyer to do the name search and don't hire fly by night frauds to do your work. If your first name is taken, have a second and third choice ready.Source(s): Certified Paralegal, with 25+ years' experience.
- 1 month ago
You're trying to do this on the cheap. None of this is DIY stuff. You're not even started yet and you have already screwed things up beyond recognition.
What HORRIBLE advice to just use the logo until someone sends you a cease and desist letter. Is the person who gave that advice going to pay your legal fees when the rightful owner of the logo sues you?
You don't have any idea what an LLC is or how it works.
If you're not willing to find qualified advisors for legal, tax, and accounting work, pack it in. A bunch of clueless anonymous Yahoos on an internet message board will give you advice that's worth every penny of what you pay for it.
- davidLv 41 month ago
So long as you can show receipts, yep. You can also sue them over the logo and slogan. After you win, what I love to do is pay them (those that try to rip me off) a "home visit". You have to make sure that no one else EVER gets the bright idea of trying to rip you off. It's always a shame about the kids (and sometimes grand kids); but hey, "Business is business".