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Using a business name already in use outside of my state

#1
What is the name of your state (only U.S. law)? Illinois

I'm interested in starting an LLC for my food truck business in Illinois and want to call it "ACE FOOD GROUP, LLC". I've checked with the State of Illinois and it appears to be available. However, that is the name Jersey Mike's Subs holding company but it must be registered in another state.

Question:
1) Is there any legal reason I cannot use that name in Illinois?
2) Would you recommend I use a different name just to avoid being swept up in any potential future law suits against Jersey Mike's?

Thank you
 


Zigner

Senior Member
#3
What is the name of your state (only U.S. law)? Illinois

I'm interested in starting an LLC for my food truck business in Illinois and want to call it "ACE FOOD GROUP, LLC". I've checked with the State of Illinois and it appears to be available. However, that is the name Jersey Mike's Subs holding company but it must be registered in another state.

Question:
1) Is there any legal reason I cannot use that name in Illinois?
2) Would you recommend I use a different name just to avoid being swept up in any potential future law suits against Jersey Mike's?

Thank you
I would recommend that you find a new and unique name, not to avoid liability because of "... any potential future law suits against Jersey Mike's", but rather to avoid future lawsuits brought against you BY Jersey Mike's.
 

quincy

Senior Member
#4
What is the name of your state (only U.S. law)? Illinois

I'm interested in starting an LLC for my food truck business in Illinois and want to call it "ACE FOOD GROUP, LLC". I've checked with the State of Illinois and it appears to be available. However, that is the name Jersey Mike's Subs holding company but it must be registered in another state.

Question:
1) Is there any legal reason I cannot use that name in Illinois?
2) Would you recommend I use a different name just to avoid being swept up in any potential future law suits against Jersey Mike's?

Thank you
Illinois will not prohibit your registration of the name with the state if no other business is registered in the state under the same or similar name.

But you would not be able to use that name in commerce without the risk of a lawsuit. The major risk would come from using the Jersey Mike's trademark, however, which is well-known to consumers and which identifies a well-known business.

As Zigner says, though, it is short-sighted to choose a name for your business that you know is already in use by another. I recommend, as did Zigner, that you pick a name unique to you. That eliminates the risk.