Business Name Rights - same name, same state?

Paul

New member
Hi,

I need some help. My mother has been in business for around 20 years. A few years ago, another person registered the same business name in New Jersey and is operating in the same region as my mother. They both advertise their businesses online as well.

How can the state of NJ have issued the other woman the same business name? (My mother has INC., the other woman has LLC).

Logically, I assume this is some error with the state, because it doesn't make sense to register a name with all of the different forms of corporations (inc, llc, etc.) just to protect that one name.

Also, my mother has the name trademarked with the state of NJ.

We have already sent a DMCA complaint to her hosting company (Lunarpages). They took her down, but she just switched to Godaddy.com where they require a federal trademark. My mother does not have a federal trademark.

We have also sent out DMCA complaints to websites hosting her ads online, but some are hesitant to take her down because she emails them a copy of her business registration.

We would rather not go to court because it is expensive, but any other advice is most appreciative.

Is there any way that we can approach the state of NJ and have them revoke her registration?

Thank you.
Yes, it is. Same name, same type of business.
 
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