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What kind of trick is this? Doing Business As (DBA) = not same as registered name, keep using DBA in Discovery, what can I do?

Los Angeles, CA |

"Dog N Kat" is the registered fictitious name that I sued. In our Discovery phase, it kept using its DBA Horsing Cow including on its answers to Request for Reproduction.

I sued the registered name...checked on California.gov. In their Discovery tools, their DBA kept popping up as involved.

Attorney Answers 2


  1. Let me guess. You are a business person who's trying to do battle over a trademark ... Probably at the Trademark Trial & Appeal Board at the US Patent and Trademark Office. ... Or maybe in federal or state court ... You weren't specific.

    But you're in over your head trying to do it yourself. If the rights you seek to exercise are at all valuable, then you'll find that investing in advice from an experienced trademark litigator will be cost effective. If the rights aren't worth such an investment, then you may as we'll drop the suit/proceeding and find a more effective way to help your business thrive.

    This posting is intended for general education and isn't "legal advice." It doesn't create or evidence an attorney-client relationship. You are encouraged to engage an attorney in the pertinent jurisdiction for confidential legal advice on matters of any importance. -Gerry J. Elman, J.D. Elman Technology Law, P.C. Swarthmore, PA www.elman.com


  2. Your question is unclear and confusing. You do not sue a business using its fictitious name. You sue it using it's legal name, dba, fictitious name. If they answered using a different name than you sued, perhaps you sued the wrong entity. I suggest you consult counsel as it appears someone does not know what they are doing.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

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