Legal Question in Business Law in Massachusetts
conflict over business name, perhaps this gives clarity
Read this with interest Chapter 156B: Section 11 Name.
Section 11. (a) A corporation may assume any name which, in the judgment of the state secretary, indicates that it is incorporated; but it shall not assume the name or trade name of another corporation established under the laws of the commonwealth, or of a corporation wherever established, firm, association or person carrying on business in the commonwealth, at the time of incorporation or change of name of the corporation assuming any such name or within three years prior thereto, or assume a name which is under reservation under the laws of the commonwealth for another or proposed corporation wherever established, or assume a name so similar to any of the foregoing as to be likely to be mistaken for it, except with the written consent of the said corporation, firm or association or of such person previously filed with the state secretary. The supreme judicial or superior court shall have jurisdiction in equity, upon the application of any person interested or affected, to enjoin such corporation from doing business under a name assumed in violation of any provision of this section, although articles of organization or articles of amendment may have been approved and filed
4 Answers from Attorneys
Re: conflict over business name, perhaps this gives clarity
There is no question here, but if you have a pre-existing business you can challenge a corporation which has filed articles using your name.
If you need assistance, please contact me.
Re: conflict over business name, perhaps this gives clarity
As I said before, it is time that you get an attorney.
Re: conflict over business name, perhaps this gives clarity
I'll assume you are the same guy who keeps re-posting the "superior naming rights" question about 'who wins?' I'll also assume that you are asking a question such as "how does this statute affect my claim?" The answer is this: Only a jury can decide (or judge alone without a jury of you elect a bench trial) sinc ehtere is a dispute between the two entities over who claimed the name first and who was doing business under that name. The two businesses can either sue each other or choose not to sue each other. Since you are not incorporated, your personal assets are at risk, soconsult with an attorney.
Re: conflict over business name, perhaps this gives clarity
The best part about this persistent person, who refuses to accept the situation s/he is in, is that the statute she cites (which, in any event, does not apply) was superceded in 2004 and is no longer the law. Chapter 156B was replaced entirely, in 2004, by Chapter 156D.
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