Write a discussion reply to the following discussion. | BUSI 561 – Legal Issues in Business | Liberty University

First of all, I believe that Shania should take her husband’s offer in the contribution to capital. As her husband, he is showing support and encouraging her to go on and achieve her goals, while supporting her financially as well. This gives Shania emotional support and financial support, but also gives her her own kind of freedom in the business as well. Her husband, Marvin, does not want to participate in any of the day to day responsibilities of this new business that she is starting. Because of this, Shania can do what she wants to do with the resources that she has in order to grow her business. As partners, Shania and Marvin can make important decisions together, but they both have their own separate responsibilities in the business. I think that Shania should make the decision to make it a partnership rather than any of the other options because since it is with her husband, there is a lot of trust already incorporated in their relationship. There shouldn’t be any worries about one partner stumbling financially, and there shouldn’t be anything that is happening involving the business going on behind closed doors. Also, even though the two of them have different responsibilities within the business, it will be easier for them to come together to do whatever is best for the business to prosper when they are both involved in some shape or form. 

     I did the search for “The Gathering Place.” From the beginning of the search, you see that there are a few businesses in the area that already have the same type of name as the one that Shania is trying to have for her Christian coffee shop. While it is okay for companies to have similar names, I would advise Shania to choose something different. When I first read the name, I thought it just sounded like a church. I think this could destruct what she is hoping for the coffee shop. From what I read, I think Shania does want to include God and make it a Christian atmosphere, however, she wants to make it more informal in order to reach the people that wouldn’t naturally just walk into church. By changing the name to something that includes something about her vision and a clear way to show that it is a coffee shop, it would give Shania the best outcome for her goals. 

     There is an option on the website that allows you to see registered business names and it gives the option to see if that business has a trademark on their name. By solely registering for the business name, that company is basically making it known that that is the business name. On the other hand, when a business puts. a trademark on their name, they are protecting that name and making sure that it is not used. For this situation, there is a company named “Circle’s The Gathering Place” which is obviously very similar to what Shania is wanting to name her coffee shop. This name is clearly registered in the system for the state of Colorado. There is also a business that has the exact name of “The Gathering Place” like the one that Shania is wanting to use. Because of this, Shania could not register the exact same name for her company. However, on the list of registered names in Colorado, “The Gathering Place” the name has expired, so I believe that Shania could register for this name for her business now. As to my knowledge, there is no trademark on this company name so there would not be any issues in Shania using the name, “The Gathering Place” for her business. 

     Shania has options for employees with a lot of good, different reasons as to why she should hire each one. I think going with her sister, Kelsey, would be a good option for her and the business. It says that Kelsey is a new Christian. Shania’s goal is for this business to be a good Christian environment. It would be good for Kelsey to be in that type of environment on a consistent basis for that time of encouragement. This does not meant that Shania has to pour into her every minute that she is on the clock. Through actions and different situations, I believe that it would be a great way for Kelsey to grow in her faith. The Bible encourages us to encourage other believers and that is what Shania could be doing during this time. “As iron sharpens iron, so one person sharpens another.” (Proverbs 27:17 New International Version) This one would be tricky because Kelsey’s husband does not want her to take this job and wants her to continue being a stay at home mother to their two children. Kelsey and Shania both have to be respectful of the marriage that Kelsey and her husband have, however, he is a non-believer, so Kelsey has to know what she needs to do in order to grow her faith. 

     The other option is Shania’s neighbor, Carlos. Carlos could also be encouraged and have his eyes opened in ways that he never might have if he began working at the coffee shop based on the environment of the business. This could be a great way for Shania to witness to him as they work, and she might not even have to say anything to him about the Word or about God. Carlos would come into work in order to make a living because he sees the potential in the business, but he could leave every day with a new or ongoing question in his brain. His goals for the business might look a little different from what Shania first had in mind, but if Shania stands firm in what she wants from the business and still allows Carlos to be a part of that as an employee, I think it could be a great thing for Carlos. This is why I think Carlos is the best option for her employee out of him and Shania’s sister. It might be a struggle for Shania at first, but this is a way for Shania to witness to Carlos and for Carlos to interact with Christian throughout the community. Shania will be able to have other interactions and experiences where she can pour into her sister even that it would be a great opportunity for her to pour into her spiritually every day at work. 

Colorado secretary of State – Business Database Search. Colorado Secretary of State, Jena Griswold text with Colorado State Seal. (n.d.). Retrieved October 11, 2021, from https://www.sos.state.co.us/biz/BusinessEntityCriteriaExt.do.

Germino, D. (n.d.). Trademarks vs. Company Trade names. New York Intellectual Property Lawyer. Retrieved October 11, 2021, from https://www.ny-trademark-lawyer.com/trademarks-vs-company-trade-names.html.

Partnership – advantages and disadvantages. Partnership – advantages and disadvantages | Business Tasmania. (n.d.). Retrieved October 11, 2021, from https://www.business.tas.gov.au/manage_a_business/tax/choosing_a_business_structure/partnership_advantages_and_disadvantages.

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