Paul D. Supnik, Attorney at Law
Domestic and International Copyright and Trademark Law;
Motion Picture, Television, Publishing, Media and General Entertainment Law;
11411. The filing of any fictitious business name statement by
a person required to file such statement pursuant to Section 17910 shall
establish a rebuttable presumption that the
registrant has the exclusive right to use as a trade name the fictitious business name, as well as any confusingly similar trade name, in the county in which the statement is filed, if the
registrant is the first to file such a statement containing the fictitious business name in that county, and is actually engaged in a trade or business utilizing such fictitious business name or a
confusingly similar name in that county.
The rebuttable presumption created by this section shall be one affecting the burden of producing evidence.
14412. The rebuttable presumption created by Section 14411
shall be applicable until the fictitious business name statement is abandoned
pursuant to Section 17922, or otherwise
expires pursuant to Section 17920, and no new fictitious business name statement has been filed by the registrant, or in the case of any assignment or transfer no original fictitious business
name statement has been filed by the assignee or transferee.
14413. For purposes of Section 14411 a fictitious business
name statement filed after January 1, 1971, and deemed filed on July 1,
1971, under Section 8 of Chapter 618 of the 1970
Statutes shall be considered filed at the time a certificate was first filed under Chapter 2 (commencing with Section 2466) of Title 10 of Part 4 of Division 3 of the Civil Code, as it existed
on the effective date of the filing, provided that the certificate had not expired prior to the filing under Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business
and Professions Code.
14414. Nothing in this chapter shall be construed to require or
prohibit the filing in any county of any fictitious business name statement
if such filing is not required or prohibited by
14418. The filing of any fictitious business name statement pursuant
to Section 17910 does not, of itself, authorize the use in this state of
a fictitious business name in violation of the
rights of another as established under this chapter, the federal law relating to trademarks (15 U.S.C. Sec. 1051 et seq.), or the common law, including rights in a trade name.
| Hieros Gamos | FindLaw/Law Crawler | LawCentral | LawCentral | Lexis | Westlaw | JuriSearch | ipnetwork | LawResearch |
Internet Legal Resource Guide |
Washlaw | Legal Information Institute |
| Kompass | EDGAR | FreeEDGAR |
U.S. Business Advisor | CEOExpress |
| Northern Light |AltaVista | Britannica | Yahoo | Exite |
Google | Lycos | Hotbot | Infoseek |
| The National Law Journal | Law.com| 1stHeadlines | Northern Light |Opinion-Pages | CNN Fox News | MSNBC | C-Span | Pacifica | CBS | Salon | Slate | ABC | FAIR | New York Times | Village Voice | Hollywood Reporter | Daily Variety | BBC News | BBC Audio | London Globe | Financial Times | Le Monde | Paris Match | Le Figaro | Radio France Internationale | Nice Matin | Agence France-Presse | Canada Newswire | Le Soleil (Quebec) | La Republicca (Rome) | El Pais (Madrid) | Le Soir (Brussels) | RAI (Italy) | TVC (Catalonia) | Globo (Brazil) | CNET News | AP Newswire | AP Newswire International | Court TV | La Jornada (Mexico City) | La Nacion Buenos Aires) | Caretas (Peru) | Russia Today | India Times | Central Europe Online | Wall Street Journal | LA Weekly | Los Angeles Times | Washington Post | PBS News | The Standard | Upside | San Jose Mercury News | Bloomberg | Reuters | International Herald Tribune |