Assumed Business Names

ORS 648.061
Consent of nonresident persons to service of process


Any of the persons not domiciled within this state or foreign persons not authorized to do business within this state who appear as persons who will carry on, conduct or transact business under an assumed business name in an application for registration filed under ORS 648.010 (Registration of assumed business name) shall be deemed to have appointed the Secretary of State as agent upon whom may be served at any time any process, notice or demand required or permitted by law to be served upon them. [1967 c.152 §2 (enacted in lieu of 648.060); 1995 c.454 §9]
Chapter 648

Notes of Decisions

Where plaintiff adduced ample testimony of confusing similarity of assumed business names, and defendants conceded that they did not begin doing business under their earlier-registered assumed name for approximately 12 years after its registration and approximately 9 years after plaintiff registered its similar name, judgment enjoining defendants from use of earlier-registered similar name was affirmed. Woodburn Const. v. Gen. Development, 53 Or App 349, 632 P2d 23 (1981)

Since purpose of this chapter is to protect public and not private rights, defendant was not entitled to injunction preventing plaintiff from using assumed business name. Photo & Sound Co. v. Corvallis, 291 Or 105, 628 P2d 733 (1981)

Law Review Citations

62 OLR 151 (1983)


Source

Last accessed
Jun. 26, 2021