Legal Question in Business Law in California

Re: ficticious business name problem

Send them a demand letter stating that they should stop using the name. Include a copy of your registration. If they don't release it and switch names, you will probably need to retain an attorney to force them to stop using it. Legal action may be necessary.

Re: ficticious business name problem

Registering a fictitious business name does not necessarily mean that other registrants cannot chose the same name. If there is a risk of confusion between the two businesses, you may seek an injunction to force them to stop using the name. If your name is protected by trademark, you are also entitled to remedies under the Lanham Act, among other statutes. It can get quite expensive to litigate these types of cases; typically, the litigants in these types of cases have a lot a stake. If that is not your situation, then a reasonable, more economical alternative is to simply write the offender a letter, alerting him/her to the fact that his/her name choice is identical to yours and is confusing to consumers, and ask him/her to stop using your name. They will likely ignore you. To proceed further, you will likely need an attorney to seek an injunction and assert a claim for damages.