Legal Question in Business Law in Pennsylvania

Am I required to file a fictitious name, when, upon entering into a dealer and installer agreement with a vendor, the terms state that my company is required to use the vendor's trademark name in conjunction with my company name wherever I am authorized to use any mark to identify my business (i.e. work truck, advertisement, etc)?

Asked on 11/05/15, 11:56 am

1 Answer from Attorneys

Sharmil McKee McKee Law Office

The short answer is that it depends on what's in your company's best interest. The major problem with joint advertising is that the public thinks the two businesses have formed a legal venture. This means that each business is liable for the mistakes committed by the other. Registering a fictitious name relieves the other business of this liability. However, perhaps your contract creates a legal venture. Thus, to answer your question competently, a lawyer will need to read your contract and access your understanding about your business relationship with the vendor. Good luck .

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Answered on 11/05/15, 6:12 pm

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