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I seem to have the same business name (DBA) as an already existing one.

Asked Sep 21, 2009, 09:08 AM — 6 Answers
Hi-

What can I do about the following, and do I need to do anything at all?

I have a corp. And am doing business as a DBA. The DBA doesn't have an "inc." at the end, as I don't think it can (my main corp. Does, obviously).

When I went to establish a web-site domain, I couldn't get the one with my DBA name - it already exists. So, I established it with an "inc." at the end, and I got the domain registered.

The problem is, I googled the person who had the original domain(my DBA) name, and her business WAS actually an "inc." - she just never established it that way on her website.

(i.e. My scenario: abc - company name; abc, inc. - domain name. Her scenario: abc,inc. -company name; abc - domain name).

She apparently doesn't use this company name any longer (since 2004) - she has a completely new and different company name.

I am in the throes of "re-inventing" and "re-establishing" myself, and am working on all my stationary and web-site graphics. Can I continue using the "inc." after my name, or will this cause potential legal problems?

As I mentioned, I did get the domain name, so I'm not sure what to do.

Thanks -

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6 Answers
excon's Avatar
excon Posts: 21,004, Reputation: 15480
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#2

Sep 21, 2009, 09:22 AM
Quote:
Originally Posted by dennis321 View Post
She apparently doesn't use this company name any longer (since 2004) - she has a completely new and different company name.
As I mentioned, I did get the domain name, so I'm not sure what to do.
Hello d:

Keep your stationery and buy her website and/or her domain name.

excon
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AK lawyer's Avatar
AK lawyer Posts: 9,929, Reputation: 4217
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#3

Sep 22, 2009, 11:14 AM
Quote:
Originally Posted by dennis321 View Post
... I have a corp. And am doing business as a DBA. The DBA doesn't have an "inc." at the end, as I don't think it can (my main corp. Does, obviously).
...
Of course it can.

Acme, Inc., d/b/a "Acme Inc." What would be the problem with that?
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JudyKayTee's Avatar
JudyKayTee Posts: 45,437, Reputation: 23563
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#4

Sep 22, 2009, 02:53 PM
Quote:
Originally Posted by AK lawyer View Post
Of course it can.

Acme, Inc., d/b/a "Acme Inc." What would be the problem with that?

I thought you couldn't use "Inc" as part of "your" name if you are not incorporated.

My business is also a d/b/a and I know I could not file as my name d/b/a as X, Inc. - I had to use my name d/b/a X.

I am not sure about this and would appreciate your input.
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ScottGem's Avatar
ScottGem Posts: 58,127, Reputation: 28145
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#5

Sep 22, 2009, 03:04 PM


I agree, buy her domain name and switch to it.

However, you can use abcinc.com as your website name, but not as a company or DBA name. But I wouldn't if I were you.
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AK lawyer's Avatar
AK lawyer Posts: 9,929, Reputation: 4217
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#6

Sep 22, 2009, 10:19 PM
Quote:
Originally Posted by JudyKayTee View Post
I thought you couldn't use "Inc" as part of "your" name if you are not incorporated.

My business is also a d/b/a and I know I could not file as my name d/b/a as X, Inc. - I had to use my name d/b/a X.

I am not sure about this and would appreciate your input.
The OP had a corp and what I was saying it that the corp. May d/b/a the corp.. As I read what you are saying, JudyKT, you don't have a corp to do business with. That's the difference. Although, as a practical matter, I don't know if anybody is going to object. I mean, does NY have a statute prohibiting you from claiming to be a corp. When you are not, and if so, what if any "teeth" does such a statute have?
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JudyKayTee's Avatar
JudyKayTee Posts: 45,437, Reputation: 23563
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#7

Sep 23, 2009, 06:16 AM
Quote:
Originally Posted by AK lawyer View Post
The OP had a corp and what I was saying it that the corp. May d/b/a the corp.. As I read what you are saying, JudyKT, you don't have a corp to do business with. That's the difference. Although, as a practical matter, I don't know if anybody is going to object. I mean, does NY have a statute prohibiting you from claiming to be a corp. When you are not, and if so, what if any "teeth" does such a statute have?


My Attorney told me that NYS does have such a statute - you cannot claim to be corporation if you are not. If you are not a corporation you are personally responsible for business debts; therefore, you cannot mislead the public into thinking you are a corporation and, therefore, not personally responsible, by claiming to be a corporation.

I would have to look for a Statute and I'm not that interested. Just wondered if anyone knew 100%.
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