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Business Rights in California Law

‘Business rights’ include good will, state trademarks, and trade names and designations

By Chris Micheli, January 12, 2023 7:33 am

California’s Business and Professions Code sets forth a number of “business rights” under Division 6, which include good will, state trademarks, and trade names and designations. Chapter 1 of Division 6 concerns “good will” and these provisions have been in the law since 1941.

Business and Professions Code Section 14100 defines the “good will” of a business as the expectation of continued public patronage. Section 14101 provides that the good will of a business does not include a right to use the name of any person from whom the business was acquired.

Section 14102 specifies the good will of a business is property and that it is transferable. Section 14103 authorizes a person transferring the good will of a business to transfer with it the right of using the name under which the business is conducted.

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3 thoughts on “Business Rights in California Law

  1. The tax and regulate onslaught continues. The majority of Californians born here do not plan to stay. The golden goose is slowly being suffocated.

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