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Fictitious business name in California
Anonymous5 views5 answers
Can California LLC "A" lawfully do business as [that is, under the name of] California LLC "B" if LLC "A" complies with the fictitous business name rules? Both are, obviously, seperate legal entities. Thanks. I'm an attorney but can't find an answer to that question.
The permission of a county to file a dba statement does not indicate "clear sailing". For an LLC to do business under the name of another LLC is not permitted. The Secretary of State should be notified. It is a deceptive trade practice among other things. There is no statute I know of that prohibits it but rather customary practice.
Read 15 USC 1125. It would be very difficult for LLC B to comply if LLC A is statewide, is on the Internet, or is national. B really needs to talk to A and work out a consent agreement to set ground rules for avoiding confusion or future legal trouble is very likely. Review the Sleekcraft factors for the key considerations in the 9th Circuit. If in doubt call in a trademark attorney.