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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
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Experience:  Licensed Texas General Practice Attorney
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I have a corporation (COMPANY) in the state of PA established

Customer Question

I have a corporation (COMPANY) in the state of PA established in 2005, and recently discovered that another party formed a LLC with my company name in PA 4/2012 is this legal and if not what can I do.
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Just to be clear, the name is exactly, word for word, the same?

RGMacEsq :

My apologies, but I must assist the other customers that are waiting. Once you respond to my follow up question, I will respond as soon as I can. Please note that I may be assisting other customers or otherwise out of the office (depending when you respond). Thank you.

Customer :

YES word for word, my co. is company they are LLC, only differences.

RGMacEsq :

Incorporating a business by filing Articles of Incorporation with the Pennsylvania Department of State provides a business with exclusive use of a corporate name. It does not matter if it's a "corporation", LLC, LLP, etc... It protects it from other types of entities. "Corporate name", in this instance, refers to an incorporated entity, rather than an unincorporated one. You can certainly notify the Pennsylvania Department of State, Corporations Bureau of this duplicitous filing. However, they may or may not do anything about that. Rather, your better option is to send a nasty cease and desist letter, demanding that they stop using this name that has already been registered by you.

RGMacEsq :

That being said, you should contact an attorney in your area that deals with corporate law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

RGMacEsq :

The reason for this is that if you send it yourself, they will not have as much reason to follow through with your demands. But if it's sent by a lawyer that handles this type of law, that would give it more weight.

RGMacEsq :

Further, if you actually have to sue for infringement and appropriation of that name, you could do so.

RGMacEsq :

Again, first try to contact the Department of State, Corporations Bureau, but don't be surprised if they say that this is not their problem. They can do something about it if they wish, but often where there is a civil remedy that the agencies don't have to get involved, they often don't.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

RGMacEsq :

Did you have any other questions before you rate this answer?

RGMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

RGMacEsq :

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

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