Legal Opinion

Biltrite Corp. v. World Road Markings, Inc.

District Court, D. Massachusetts

Decided August 21, 2001No. Civ.A. No. 2000-10324-RBCPublishedCited by 6 opinions

1Opinion of the Court

*360 MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIMS WITH PREJUDICE AND APPLICATION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS WORLD ROAD MARKINGS, INC., AND SCHMERSEY (#33)

COLLINGS, Chief United States Magistrate Judge.

I. A Fictitious Name Statute

The State of Florida has a fictitious name statute, Florida Statutes 856.09. It provides that no one can do business under a fictitious name in the State of Florida unless the person first registers the name with the State. A fictitious name is defined as “any name under which a person transacts business in [Florida] other than the…

2Cases cited2 opinions

  1. ROBINSON & ST. JOHN AD. AND PUBLIC RELATIONS, INC. v. LaneDistrict Court of Appeal of Florida · 1990
  2. Roth v. Nautical Engineering Corp.District Court of Appeal of Florida · 1995

3Cited by6 opinions

  1. Sender v. MannDistrict Court, D. Colorado · 2004
  2. Poitra v. School District No. 1District Court, D. Colorado · 2015
  3. Thurby v. Encore Receivable Management, Inc.District Court, D. Colorado · 2008
  4. ESTES EXPRESS LINES v. U.S.A. LAMP AND BALLAST RECYCLING, INC.District Court, W.D. Pennsylvania · 2023
  5. FIUMANO v. METRO DINER MANAGEMENT LLCDistrict Court, E.D. Pennsylvania · 2022

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