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Legal Questions

ITK

ITK

the desert dwarf
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I have a question regarding LLCs but its kind of long and revenge based. Can someone PM me please if you think you can help?
 
ITK said:
I have a question regarding LLCs but its kind of long and revenge based. Can someone PM me please if you think you can help?
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This should be the ogboards version of r/bestoflegaladvice

ITK - post your question here and let us all take a shot at advice. Maybe our resident top 100 lawyer will chime in.
 
Let's say there are two businesses A and B. Business A is club that operates out of a much bigger club, Business B. A uses B's liquor license (I know this for sure). Business A has distinct signage distinguishing itself as "CITY X BUSINESS A" and Business B has distinct signage as "BUSINESS B OF CITY X". The proprietor of Business A should really be stopped. I was searching LLC records and noticed that he had incorporated CITY X BUSINESS A, LLC in 2005 when he opened. However, he dissolved his LLC in 2014 but the business remains open advertising itself as "CITY X BUSINESS A". I searched his name in the LLC database and this was his one and only LLC. The name "CITY X BUSINESS A" is not registered with the state as a business. BUSINESS B OF CITY X remains an active LLC.

I started the form to incorporate an LLC as "CITY X BUSINESS A, LLC" for myself and it says the name is available. If I incorporate that LLC and register the business with that name, can I force him to stop using it? I actually have no business, how serious is it if I incorporate this and do nothing?
 
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OMG, what did the Indian fella do to make you so angry?
 
Seem like it would be easier to just report on the liquor license.
 
DeaconCav06 said:
Seem like it would be easier to just report on the liquor license.
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This, altough, even if hommie dissolved LLCA he can still operate another LLC and call it "Daytona's of Scottsdale" just as a trade name.

I suppose if you re-formed the LLC, then trademarked the name, then you might have a claim, but you would really need to be running some sort of competing business or else you don't really have damages. Also, all of that would cost hundreds or into the low thousands of $$ to do, whereas if he is improperly using a liquor license a simple call or email to the appropriate authority would get him in trouble a lot quicker.

It's very possible that he closed the first LLC to escape liability for something and then formed B and now is just using the name of A as a trade name or DBA. You may want to search the DBA or trade name database if there is one. Really not sure how much traction you are going to get either way though.
 
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TheTwinAndreBen said:
This, altough, even if hommie dissolved LLCA he can still operate another LLC and call it "Daytona's of Scottsdale" just as a trade name.

I suppose if you re-formed the LLC, then trademarked the name, then you might have a claim, but you would really need to be running some sort of competing business or else you don't really have damages. Also, all of that would cost hundreds or into the low thousands of $$ to do, whereas if he is improperly using a liquor license a simple call or email to the appropriate authority would get him in trouble a lot quicker.

It's very possible that he closed the first LLC to escape liability for something and then formed B and now is just using the name of A as a trade name or DBA. You may want to search the DBA or trade name database if there is one. Really not sure how much traction you are going to get either way though.
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No B belongs to someone else. I think A must rent space from B.

I checked to see if there were any lawsuits against A but nothing comes up.

I don't want damages, I just don't want him to have the name.
 
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I'm not a lawyer, but can't the guy have a common-law trademark on the name already if he's been using it, even if it's not officially registered? Is that still a thing?
 
ITK said:
No B belongs to someone else. I think A must rent space from B.

I checked to see if there were any lawsuits against A but nothing comes up.

I don't want damages, I just don't want him to have the name.
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Just bc the name of the contact or registered agent on the Sec of State site is someone else doesn't mean he can't be a minority owner.

Either way, if you think something is fishy, send an email complaint to the alcohol permit board and let them investigate.
 
TheTwinAndreBen said:
Just bc the name of the contact or registered agent on the Sec of State site is someone else doesn't mean he can't be a minority owner.

Either way, if you think something is fishy, send an email complaint to the alcohol permit board and let them investigate.
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He's not a minority owner, I know that for sure. But you & Cav are right, I will email the alcohol permit board.
 
If all you want is the name, I think you're screwed. Even if you get his place shut down, he's still going to have the rights to the name (at least for awhile) since he's been using it
 
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