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
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.
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