Taco Truck Beef Serves Up Tasty Legal Lessons to Business Owners

Taco Truck Beef Serves Up Tasty Legal Lessons to Business Owners

Business Formation, Trade Names, Trademark
Like so many of us who live in the desert Southwest, I loves me some tacos. We are definitely blessed to have some of the best in the nation. However, a business that recently contacted me from, let’s just say Tucson, highlights the importance of small businesses taking their legal structure and brand name seriously. Failure to do so could set your business up for a serious case of indigestion, legally speaking. Background The business in question was a local restaurant that also operated a popular taco truck, which we'll call "XYZ Killer Tacos". When I asked the owner what kind of legal structure he was operating the business through, his answer was sole proprietor. Ugh. Sole proprietor. In the business of serving food. To the public. (yikes) Nonetheless, his…
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Trade Names and Trademarks and Why Your Business Should Know The Difference

Trade Names and Trademarks and Why Your Business Should Know The Difference

Trade Names, Trademark, Trademark Infringement
"I've already registered my trade name, I don't need to register my trademark..."  These words, or similar ones, are something I hear often from small business owners.   While the two terms may sound similar, they are definitely not the same thing legally and confusing or ignoring the difference could set your business up for bigger (and far more costly) problems down the road. What's In A (Trade) Name? A trade name (also sometimes known as a "d/b/a", a fictitious name, or an assumed name) is simply the official name you have chosen to call your business.  Trade names usually come up in the case of sole proprietors (and sometimes informal partners) who prefer to market and operate their business using a name other than their own personal ones. For example,…
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