Can i obtain a DBA for a start up company without violating my non-compete?

UPDATED: Oct 1, 2022

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Can i obtain a DBA for a start up company without violating my non-compete?

I want to get my company name secured and prepare for my new company start date the day my non-compete ends. Am I violating the non-compete by obtaining the DBA even though I am not generating revenue?

Asked on March 8, 2018 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It really depends on what exactly your noncompete says: it is a contract, and is enforced according to its plain terms.
That said, while it is possible that this specific noncompete will bar doing this, that is unlikely: registering a business, etc. is NOT itself competing (after all: you might not do anything with it; you are not taking sales or customers just by having or setting up a business structure; etc.), so unless this noncompete goes beyond what the typical one says, you should be fine.

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