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Can a corporation sue for a fictitious business name they are not listed as an owner of?

Scranton, PA |
Filed under: Business

Was a customer of fictitious business name. Fictitious business name shows two individual owners in Department of State records. Corporation is not listed as an owner and in same line of business as fictitious business. Fictitious business never mentioned they were DBA corporation on any receipts or paper work. Corporation and fictitious business have two separate locations and appear as two separate entities. Corporation claims to be corporate office of fictitious business name, but doesn't include fictitious business name/address on any company letterhead or Web site which lists other corporation locations. Addresses registered with Department of State are different as well. What legal standing does corporation have and shouldn't listed owners of fictitious business name be suing?

Attorney Answers 3


  1. They may have sold or assigned their interest to the corporation, which includes the right to sue. You would do better talking to a corporate trial attorney.


  2. There are a whole bunch of moving parts here that I don't know, so I can't give you a good answer. The first thing I would have to know is what happened for you to have done all this research. Are you trying to sue them (it's not 100% clear from your question)? If so, what was the cause of the original dispute? We'd have to have a real conversation for me to be able to sort this out. You do need a lawyer to straighten out this mess, though.

    Note: This answer has been given for informational purposes only, and does not constitute actual legal advice, nor has an attorney/client relationship been created thereby. If you wish to create an attorney/client relationship and receive actual legal advice and assistance, please call (610) 909-6433 or send an email to smr@srosemanlaw.com requesting a consultation.


  3. You may want to refine your question. Nowhere in the information you provide actual facts that led to the dispute, and the reasons why the corporation is suing. The determination of whether the corporation has standing to sue will depend on the facts leading to the dispute.

    I would urge you to refine your question, so that my colleagues and I can attempt to address it.

    Your particular situation may be different. This answer is intended for information purposes only. No Attorney-Client relationship has been established. If you have any questions. Please call me at (408) 667-7233 or visit www.Drasonlaw.com

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