Intellectual Property Law
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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?
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 andinclude any unlawful, unfair or fraudulent business act or practiceand unfair, deceptive, untrue or misleading advertising and any actprohibited by Chapter 1 (commencing with Section 17500) of Part 3 ofDivision 7 of the Business and Professions Code.17204. Actions for Injunctions by Attorney General, DistrictAttorney, County Counsel, and City Attorneys Actions for relief pursuant to this chapter shall be prosecutedexclusively in a court of competent jurisdiction by the AttorneyGeneral or a district attorney or by a county counsel authorized byagreement with the district attorney in actions involving violationof a county ordinance, or by a city attorney of a city having apopulation in excess of 750,000, or by a city attorney in a city andcounty or, with the consent of the district attorney, by a cityprosecutor in a city having a full-time city prosecutor in the nameof the people of the State of California upon their own complaint orupon the complaint of a board, officer, person, corporation, orassociation, or by a person who has suffered injury in fact and haslost 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 orassociation, or any employee thereof with intent directly orindirectly to dispose of real or personal property or to performservices, professional or otherwise, or anything of any naturewhatsoever or to induce the public to enter into any obligationrelating thereto, to make or disseminate or cause to be made ordisseminated before the public in this state, or to make ordisseminate or cause to be made or disseminated from this statebefore the public in any state, in any newspaper or otherpublication, or any advertising device, or by public outcry orproclamation, or in any other manner or means whatever, includingover the Internet, any statement, concerning that real or personalproperty or those services, professional or otherwise, or concerningany circumstance or matter of fact connected with the proposedperformance or disposition thereof, which is untrue or misleading,and which is known, or which by the exercise of reasonable careshould 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 ordisseminated any such statement as part of a plan or scheme with theintent 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 sectionis a misdemeanor punishable by imprisonment in the county jail notexceeding six months, or by a fine not exceeding two thousand fivehundred dollars ($2,500), or by both that imprisonment and fine.You can get a free consultation from some of the attorneys listed by location athttp://lawyers.findlaw.com/lawyer/practicestatecounty/Intellectual-Property-Law/California/Santa-ClaraPlease follow up on this with a local attorney.I hope this information is helpful.
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