HRS §428-105.5
How to stop another business from using a name too close to yours
If your business name is being used by another company in Hawaii and it is too similar, you can ask the director for an order to stop them. The other company gets a hearing. If they do not follow the order, they may be dissolved or lose their right to do business here.
businesses
The statute, as written — Administrative order of abatement for infringement of limited liability company name
(a) Any domestic limited liability company in good standing or foreign limited liability company authorized to do business in this State claiming that the name of another domestic corporation, partnership, limited partnership, limited liability partnership, or limited liability company existing under the laws of this State, or any foreign corporation, partnership, limited partnership, limited liability partnership, or foreign limited liability company authorized to transact business in the State is substantially identical to, or confusingly similar with, its name may file a petition with the director for an administrative order of abatement to address the infringement of its name. The petition shall set forth the facts and authority that support the petitioner's claim that further use of the name should be abated. The petitioner, at the petitioner's expense, shall notify the registrant of the hearing and the registrant shall be given an opportunity to address the petition at a full hearing. The notice shall be made and the hearing held in accordance with the contested case provisions of chapter 91. (b) In addition to any other remedy or sanction allowed by law, the order of abatement may: (1) Allow the entity to retain its registered name, but: (A) Require the entity to register a new trade name with the director; and (B) Require the entity to conduct business in this State under this new trade name; or (2) (A) Require the entity to change its registered name; (B) Require the entity to register the new name with the director; and (C) Require the entity to conduct business in this State under its new name. If an entity fails to comply with the order of abatement within sixty days, the director may involuntarily dissolve or terminate the entity, or cancel or revoke the entity's registration or certificate of authority, after the time to appeal has lapsed and no appeal has been timely filed. The director shall mail notice of the dissolution, termination, or cancellation to the entity at its last known mailing address. The entity shall wind up its affairs in accordance with chapter 414, 414D, 415A, 425, 425E, or 428, as applicable. (c) Any person aggrieved by the director's order under this section may obtain judicial review in accordance with chapter 91 by filing a notice of appeal within thirty days after the issuance of the director's order. The trial by the circuit court of any such proceeding shall be de novo. Review of any final judgment of the circuit court under this section shall be governed by chapter 602.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.