On April 9, 2010, Governor Bredesen signed a bill that allows corporations and limited liability companies to use names that are indistinguishable from the name used by another entity. This means that more than one company can use the name Acme Plumbing in Tennessee. To do so, all entities using the same name must consent and must agree to use the same registered agent.
This issue normally comes up when the two companies are affiliated. Sometimes, this comes up because the companies are in different parts of the state. The real issue is not the corporate law, but trademark law. Thus, the fact that you can do it legally, does not mean that you need to do it. Also, it is a real bummer when you are sued for someone else’s mistake. Then, you have to prove that you did not do it.
Moral of this story – just because it is legal doesn’t make it smart.
2010 Tenn. Pub. Ch. 703.
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