Legal Question in Business Law in California

Fictictious Name - DBA

A business in town has been publishing a city directory using a name for 20 years. I recently found out that they never did a DBA filiing for that name so I did. I sent a cease and desist letter to them and they still use the name. Can I sue them to have them stop using the name? Can I receive damages equivalent to the profits they have received using that name since my letter to them?


Asked on 7/01/08, 10:31 am

5 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Fictictious Name - DBA

Fictitious business name filings do not have the purpose or effect of creating trademark rights. So, the answers to your questions are No, and No.

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Answered on 7/01/08, 11:28 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Fictictious Name - DBA

What was the purpose in you filing the DBA? Contact me directly.

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Answered on 7/02/08, 5:09 pm
Terry A. Nelson Nelson & Lawless

Re: Fictictious Name - DBA

Dream on. You are the one trying to infringe on long established trade dress, and could be sued if you do.

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Answered on 7/01/08, 2:50 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Fictictious Name - DBA

No. You are the wrongdoer here. It is the publisher who can potentially sue you, not the other way around.

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Answered on 7/01/08, 5:30 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Fictictious Name - DBA

It sounds like you might be the one being sued. You have got it backwards.

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Answered on 7/02/08, 12:05 am


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