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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 by the | Attorney General or by 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 603-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 the purpose of determining priority of | rights. |
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| | 8.__Terminate use of assumed or fictitious name.__A limited | liability company may terminate an assumed or fictitious name by | executing and delivering to the Secretary of State a statement | setting forth: |
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| A.__The name of the limited liability company; |
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| B.__That the limited liability company 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 liability | company intends to terminate. |
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| | Sec. C-25. 31 MRSA §606, as amended by PL 1995, c. 514, §§4 and 5, | is repealed. |
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| | Sec. C-26. 31 MRSA §606-A is enacted to read: |
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| §606-A.__Registered name of foreign limited liability company |
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| | 1.__Register limited liability company name.__A foreign | limited liability company may register its limited liability | company name if the name is distinguishable on the records of the | Secretary of State pursuant to section 603-A. |
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