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N Cal Attorney
N Cal Attorney, Lawyer
Category: Intellectual Property Law
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Experience:  Since 1983
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XXXXXXXXX Credit Card Processing Inc

Resolved Question:

XXXXXXX Credit Card Processing Inc (FCC) has its DBA as XXXXXX Card Processing Inc, located in XXXXXXXXXX County, CA. One of the shareholders has been split from FCC as of 12/24/2013 and registered its legal name with XXXXXX Credit Card Processing Inc and DBA as XXXXXX Bank Card, which is very confusing for the customers and related parties to distinguish the two business entities. Is there any way to take legal action not to use the DBA for XXXXXXXX Bank Card?

Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  N Cal Attorney replied 1 year ago.

I am sorry to hear this.

You asked:
Is there any way to take legal action not to use the DBA for XXXXXX Bank Card?

The answer is Yes.

The first step would usually be to have a local attorney send a cease and desist letter because the name of the new company is deceptively similar to the name of the first company, and that falls under the idea of unfair competition.

CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 17200:

17200. As used in this chapter, unfair competition shall mean and
include any unlawful, unfair or fraudulent business act or practice
and unfair, deceptive, untrue or misleading advertising and any act
prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of
Division 7 of the Business and Professions Code.


17204. Actions for Injunctions by Attorney General, District
Attorney, County Counsel, and City Attorneys
Actions for relief pursuant to this chapter shall be prosecuted
exclusively in a court of competent jurisdiction by the Attorney
General or a district attorney or by a county counsel authorized by
agreement with the district attorney in actions involving violation
of a county ordinance, or by a city attorney of a city having a
population in excess of 750,000, or by a city attorney in a city and
county or, with the consent of the district attorney, by a city
prosecutor in a city having a full-time city prosecutor in the name
of the people of the State of California upon their own complaint or
upon the complaint of a board, officer, person, corporation, or
association, or by a person who has suffered injury in fact and has
lost money or property as a result of the unfair competition.



This also seems like a deceptive business practice under § 17500:


17500. It is unlawful for any person, firm, corporation or
association, or any employee thereof with intent directly or
indirectly to dispose of real or personal property or to perform
services, professional or otherwise, or anything of any nature
whatsoever or to induce the public to enter into any obligation
relating thereto, to make or disseminate or cause to be made or
disseminated before the public in this state, or to make or
disseminate or cause to be made or disseminated from this state
before the public in any state, in any newspaper or other
publication, or any advertising device, or by public outcry or
proclamation, or in any other manner or means whatever, including
over the Internet, any statement, concerning that real or personal
property or those services, professional or otherwise, or concerning
any circumstance or matter of fact connected with the proposed
performance or disposition thereof, which is untrue or misleading,
and which is known, or which by the exercise of reasonable care
should be known, to be untrue or misleading, or for any person, firm,
or corporation to so make or disseminate or cause to be so made or
disseminated any such statement as part of a plan or scheme with the
intent not to sell that personal property or those services,
professional or otherwise, so advertised at the price stated therein,
or as so advertised. Any violation of the provisions of this section
is a misdemeanor punishable by imprisonment in the county jail not
exceeding six months, or by a fine not exceeding two thousand five
hundred dollars ($2,500), or by both that imprisonment and fine.

You can get a free consultation from some of the attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestatecounty/Intellectual-Property-Law/California/Santa-Clara

Please follow up on this with a local attorney.

I hope this information is helpful.

N Cal Attorney, Lawyer
Satisfied Customers: 8120
Experience: Since 1983
N Cal Attorney and 6 other Intellectual Property Law Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.

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