Can a company be sued in its personal name?

A corporation is distinct from its individual members[1]. It has the legal personality of its own and it can sue and can be sued in its own name. However, unlike natural persons, a corporation can act only through its agents.

Can a company own your legal name?

The legal name of a business is the official name of the person or entity that owns a business. If you are the only owner of your business, then its legal name is simply your full name. For limited partnerships, LLCs, and corporations, the legal name of the business is the name registered with the state filing office.

What to do if another company is using your name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

How can I stop someone using my business name?

You cannot stop someone using a trade mark, which is the same or similar to yours, just by registering your name with Companies House. It is perfectly plausible that another business has already registered your chosen company (or business) name as a trade mark.

How do I stop someone from using my business name?

A trademark is the only way to prevent others from using the name and gives you legal recourse should someone attempt to use it. Create a description of your services and products that the business name represents. Obtain an application from the U.S. Patent and Trademark Office.

Can a business name Sue or be sued?

While some had maintained that a Business Name can only sue or be sued through the Proprietors as it is neither a legal nor juristic person and therefore cannot sue or be sued. Others have maintained a firm position that Business Names can sue and be sued provided the Rules of Court permits.

What should I do if I get sued for my business?

Business owners have the responsibility to protect their companies and their personal assets in the event of a lawsuit. With these five actions under your belt, your business should be well on its way to a legal- and hassle-free future.

What does it mean to do business under another name?

For this to be legally effective, often a notice must be filed with the state where the company is doing business that indicates the real name of the company is one thing but the company is doing business under another name. These are usually called “DBA” filings, which is shorthand for “doing business as” filings.

What kind of lawsuits do small businesses get?

Common types of business lawsuits include breach of contract, slip-and-fall accidents and other premises liability, and discrimination. This article is for small business owners who have been sued, or who worry about being sued.

Is it a mistake to use your own name for your business?

For small businesses, it can be an extremely costly mistake, and for founders, it can mean losing the rights to your name altogether. The smartest choice is to create a name for your company separate from your own, says Susan Scafidi, founder of the Fashion Law Institute at Fordham University.

Can a company name lead to a legal dispute?

The moment you give your company your name, that name becomes a corporate asset, which can lead to all sorts of legal disputes if you encounter another company that had a similar idea, or if you eventually bring on investors.

Do you have to use your real name when signing a business contract?

Whether you’re the owner of the company or an employee of a business signing a contract on behalf of that business, you probably don’t intend to risk your personal assets when you sign the contract. Failing to use the company’s real name could jeopardize your intentions.