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| 7.__Enjoin use despite compliance.__Notwithstanding its compliance | with the requirements of this section, the use of an assumed name | 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 803-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 partnership 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 partnership; |
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| B.__That the limited liability 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 liability | partnership intends to terminate. |
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| | Sec. C-40. 31 MRSA §806, as amended by PL 1997, c. 376, §63, is | repealed. |
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| | Sec. C-41. 31 MRSA §806-A is enacted to read: |
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| §806-A.__Registered name of foreign limited liability partnership |
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| | 1.__Register limited liability partnership name.__A foreign | limited liability partnership may register its limited liability | partnership name if the name is distinguishable on the records of | the Secretary of State pursuant to section 803-A. |
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| | 2.__Application.__To register its limited liability | partnership name, a foreign limited liability partnership must |
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