If my small business is an LLC, can I have a company that is using a DBA name that is the same as my LLC, stop using their DBA?

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If my small business is an LLC, can I have a company that is using a DBA name that is the same as my LLC, stop using their DBA?

Asked on May 6, 2015 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Several issues:

1) Did you use the name first?

2) Is the other company in a similar line of business/work as yours?

3) Are you located in the same geographic area, or otherwise selling/marketing to the same pool of customers and potential customers.

Only if the answer to all three questions is "yes" might you be able to stop them from using the DBA. Otherwise, if they used the name first, they would have priority, and could potentially stop *you* from using the name; and if you and they are not in the same or similar business and/or are not selling/marketing to the same pool of customers, there is no or little likelihood of customer confusion and so no grounds to stop someone else from using the name.


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