Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I only found out because the other person using my name just scammed a few people on another site so this information came to my attention. What would I be able to do about this or how do I even go about doing something about it

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell similar items can be a case of trademark infringement or unfair competition, particularly if it leads to consumer confusion or damages your business reputation.

Firstly, consider reaching out to the individual or business using your name with a formal cease and desist letter. This letter should inform them of your rights to the business name and request that they stop using it immediately. Often, this step can resolve the issue without further legal action.

If the issue persists, you might need to take legal action to protect your business name and reputation. This could involve filing a lawsuit for trademark infringement or unfair competition. Since legal processes can be complex, it would be advisable to consult with a legal advisor or attorney who is experienced in intellectual property law to guide you through your options and the necessary steps. They can help you understand your rights and the best course of action based on your specific situation.

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