Fictitious name question

I realize this may not be the best place to ask the question but I'll shoot anyways...
I have a multi-member LLC registered in Delaware (parent state) and
registered in Missouri as a foreign LLC. My nexus in Delaware is due to my creation of LLC in Delaware along with hiring a registered agent in Delaware. My nexus in Missouri is that the partners live in Missouri and our business operates in Missouri (ie: our accounting books are physically kept in MO, we meet in MO, our bank accounts are in missouri, however we have no inventory as we dropship). My LLC's name is "The XYZ LLC". We are strictly a website business and operate under the name of xyzsound.com which is different than the name of our LLC.
Must I file for a fictitious name in the state of Missouri and Delaware?
Is this mandatory if my website name is different than my company name?
Would it be a good idea to trademark my website name to gain federal protection or would i have to register w/ all 50 states for a fictitious name or do a combination of the both? (I am a startup company and looking to minimize costs).
Thanks,
Joe
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I don't know about Delaware and Missouri, but in New Jersey it is called an "alternate name". In NJ entities can register an alternate name for $50 for 5 years.
I think most of the time these days there is no advantage to forming an entity in Delaware when the entity is basically located in another state. By being registered in 2 states you can end up paying double fees etc. for no real business reason.
When you register a domain name such as XYZsound.com, you don't need to trademark the name. It's already yours and no one else except the domain name owner can use it without your permission.

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BETA-32 wrote:

Yes I've found that out. But it's not too bad. The advantage here is that if for whatever reason if I am sued the suit must be brought in Delaware which has historically been business friendly.

I'm not worried about someone using my domain name as i bought the domain and it's not available for registration. I am worried about someone using my name as their business name or their "fictitious name" while doing business or if someone trademarks my name and trumps my fictitious name.

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I believe you have heard bad information. Any lawsuit generally is brought in the state in which the tort occured, and that may vary be state law. So if it's a problem with a "sale" to a customer, various state laws determine where the trial is heard.

Yup. You should file for the d/b/a, etc, as that is what the consumers know you by.
--
Paul Thomas, CPA
snipped-for-privacy@bellsouth.net
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Here are 2 books that may help:
"Protecting Your #1 Asset" by Michael A. Lechter, Esq., Intellectual Property Attorney (in bookstores you'll find it in the "Rich Dad" series of books),
and,
http://www.nolo.com/product.cfm/ObjectID/02622C60-2769-4BE2-951FAEF145D01C85/310/a Nolo Press book specifically about trademarks. If you check the table ofcontents at that web page you'll see that one chapter specifically dealswith domain names.About the 2-state question -- one option would be to convert your MissouriLLC from a foreign LLC to a domestic one and dissolve the Delaware LLC.Even if Delaware is more business friendly in terms of civil lawsuits (whichI am not sure is the case), being sued in a different state than where you,your business, your accounts, etc. are located can be more expensive andmore difficult than dealing with the case on your home turf.
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