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    dennis321's Avatar
    dennis321 Posts: 21, Reputation: 1
    New Member
     
    #1

    Sep 21, 2009, 09:08 AM
    I seem to have the same business name (DBA) as an already existing one.
    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 -
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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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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