Legal Question in Business Law in Massachusetts

I started my corporation doing business as "XYZ.com" in 2006. I was contacted shortly thereafter from another company stating that he had started the same business many years prior and had incorporated the name despite my asking him to prove its prior existence. I challenged the incorporation as there was never proof of its existence as a trade name or corporation prior. The incorporation challenge was held in a hearing at the Mass. Sec. of State office where I had prevailed. After a reconsideration hearing, I prevailed again. Now this incorporation will be pulled if he does not go to Superior Court to in 30 days. If he does not appeal, can I have the Sec.of State enforce their ruling if he continues to do business as XYZ with help of the Attorney General or do I have to take legal action, or both?

Asked on 9/13/09, 5:32 pm

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You will need to sue to stop him from operating under the assumed name or the company name in MA.

Please feel free to contact me if you have more questions.

Answered on 9/18/09, 6:23 pm

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