Please sign in to post in this forum.

ForumsFinancing Tips

Up to All Forums

This Question is Answered

1 "correct" answer available (5 pts) 3 "helpful" answers available (4 pts)

14 Replies Last post: Jul 31, 2008 6:27 PM by afsn1766

Another company with same name

Dec 18, 2007 1:18 PM

phloyd 11 posts since
Dec 18, 2007

I've been in business for 22 years. First 15 as a sole prop. with a "Trading as" name. Registered the same name the state, searched the name, got FEIN reported all taxes underthat name. About a year ago saw a truck with my name, except it was Inc. mine is LLC. Asked my lawyer and he sent out a letter asking to cease. No response. Lawyer checked on dates of incorporation, we were a year earlier. His advice was to forget about it as it would take about 10k to litigate this, even though he is causing some harm to me. It would rest on the govt. giving him the Name, he would say they said it was ok. There's enough business out there, and i really don't want to spend time or the money . Thought i'd ask "what should i have done before this came up to protect my name. Was under impression that i had registered it with the state properly. Wrong.
Anyone have a similar experience? Interested in what you did.

Tags: Report as inappropriate

CorpCons08 1,128 posts since
Nov 14, 2007

1. Re: Another company with same name Dec 18, 2007 2:14 PM

in response to: phloyd

phloyd,

If you are an LLC, nobody can have the same name as you under the LLC designation.
They can however register as a corporation using the same name.
The difference is the designation of INC and LLC.

CC08

Report as inappropriate

LUCKIEST 7,935 posts since
Aug 6, 2007

2. Re: Another company with same name Dec 18, 2007 2:18 PM

in response to: phloyd

people/phloyd Glad that you have been in business successfully for 22 years. What kind of business??
I am a SCORE Counselor and I thought that SCORE (Part of the U S Govt) had a lock on its name.
Walking through town and there is a new store called SCORE, a learning center for children.
Went in and got a publication only to find out they are all over the United States.
There are always stories in the newspapers about a company having the same name.
Good luck, LUCKIEST

people/phloyd

Report as inappropriate

CorpCons08 1,128 posts since
Nov 14, 2007

3. Re: Another company with same name Dec 18, 2007 2:21 PM

in response to: LUCKIEST

LUCKIEST,

Did it happen to be a similar thing to what I posted here?

CC08

Report as inappropriate

phloyd 11 posts since
Dec 18, 2007

4. Re: Another company with same name Dec 18, 2007 3:41 PM

in response to: CorpCons08

Thanks. That helps me feel that i saved ten grand.

Report as inappropriate

phloyd 11 posts since
Dec 18, 2007

5. Re: Another company with same name Dec 18, 2007 3:45 PM

in response to: LUCKIEST

Luckiest,

Hello. Been doing commercial janitorial work and other related property maintenance. Also i own and manage some investment property .

Regards,
Phloyd

Report as inappropriate

CorpCons08 1,128 posts since
Nov 14, 2007

6. Re: Another company with same name Dec 18, 2007 4:19 PM

in response to: phloyd

It's not a problem.
I had a similar problem with a law firm using the same name.
My lawyer showed me on the state level how they only protect the name for that type of entity designation.

CC08

Report as inappropriate

LUCKIEST 7,935 posts since
Aug 6, 2007

7. Re: Another company with same name Dec 18, 2007 6:36 PM

in response to: phloyd

Maybe this helps

{font:Arial, Helvetica}{size:2}You are asking is if someone would be
allowed to incorporate a business with a particular name if
another corporation with the same name existed. The short
answer is yes. In order to form a corporation, most states only require that
the corporation's name be distinguishable (ie. different) from the names of
other corporations and/or other business entities that are registered . {size}{font}

{font:Arial, Helvetica}{size:2} {size}{font}
{font:Arial, Helvetica}{size:2}Once you have incorporated, no other corporation should be
formed in your state with the same name for as long as your corporation is
in existence. It can and certainly does
happen
{size}{font}

{font:Arial, Helvetica}{size:2}LUCKIEST
{size}{font}

Report as inappropriate

Lighthouse24 2,396 posts since
Oct 10, 2007

8. Re: Another company with same name Dec 19, 2007 2:34 AM

in response to: phloyd

This is not that unusual -- it has happened to me twice. The question is whether or not the other company is trading on (and benefitting from) your good name in the same business with the same clientele as you. If not, no problem. If so, customers could be confused, and it could hurt you. Provided you could prove you were the first to trade on the name in that business in your state, you'd probably win a lawsuit. With that leverage, I'd be inclined to contact the other company and try to work out something you both could live with, and only bring in an attorney or go to court if nothing suitable could be agreed upon. In both cases, we worked out suitable solutions that way (in one of those cases, we had six corporations in six different states using the same name -- all incorporated within two weeks of one another!).

Report as inappropriate

phloyd 11 posts since
Dec 18, 2007

9. Re: Another company with same name Dec 19, 2007 1:41 PM

in response to: Lighthouse24

That's a good idea. Will attempt to contact them. As we both are in the same business, we need to differentiate the two.

Phloyd

Report as inappropriate

LUCKIEST 7,935 posts since
Aug 6, 2007

10. Re: Another company with same name Dec 19, 2007 2:00 PM

in response to: phloyd

Since you are both are in the same business, maybe a merger or a partnership might benefit both companies, LUCKIEST

Report as inappropriate

phloyd 11 posts since
Dec 18, 2007

11. Re: Another company with same name Dec 19, 2007 7:32 PM

in response to: LUCKIEST

Luckiest,

Good tip. I'll ponder that. Maybe he'll buy my co. as i am looking to retire.

Phloyd

Report as inappropriate

Bank of America, N.A. Member FDIC. Equal Housing Lender

Bank of America is not responsible for user posts and other user content appearing on this website and does not endorse or guarantee the perspectives, the advice, the users, the businesses, or the products or services sold by any users or businesses that appear on this website.

ForumsFinancing Tips

This Question is Answered

Another company with same name

Dec 18, 2007 1:18 PM

More Like This

Legend