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| 6.__Enjoin use of assumed or fictitious name.__If a limited | partnership uses an assumed or fictitious name without complying | with the requirements of this section, the continued use of the | assumed or fictitious name may be enjoined upon suit by the | Attorney General or by any person adversely affected by the use of | the assumed or fictitious name. |
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| | 7.__Enjoin use despite compliance.__Notwithstanding its | compliance with the requirements of this section, the use of an | assumed or fictitious name may be enjoined upon suit of the | Attorney General or of any person adversely affected by such use | if: |
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| A.__The assumed or fictitious name did not, at the time the | statement required by subsection 4 was filed, comply with | the requirements of section 403-A; or |
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| B.__The assumed or fictitious name is not distinguishable on | the records of the Secretary of State from a name in which | the plaintiff has prior rights by virtue of the common law | or statutory law of unfair competition, unfair trade | practices, common law copyright or similar law. |
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| The mere filing of a statement pursuant to subsection 4 does not | constitute actual use of the assumed or fictitious name set out | in that statement for purposes of determining priority of rights. |
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| | 8.__Terminate use of assumed or fictitious name.__A limited | partnership may terminate an assumed or fictitious name by | executing and delivering a statement setting forth: |
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| A.__The name of the limited partnership; |
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| B.__That the limited partnership no longer intends to | transact business under the assumed or fictitious name; and |
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| C.__The assumed or fictitious name the limited partnership | intends to terminate. |
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| | Sec. C-7. 31 MRSA §406, as amended by PL 1995, c. 514, §3, is | repealed. |
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| | Sec. C-8. 31 MRSA §406-A is enacted to read: |
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| §406-A.__Registered name of foreign limited partnership |
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| | 1.__Register limited partnership name.__A foreign limited | partnership may register its limited partnership name if the name |
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