On April 07, 2015 a
Motion-Secondary
was filed
involving a dispute between
Impact Branding & Design, Llc,
and
Ammunition Storage Components, Llc,
A.S.C., Llc,
for C90 - Contracts - All other
in the District Court of New Haven County.
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DOCKET NO. NNI-CV-15-6008145-5 SUPERIOR COURT
IMPACT BRANDING & DESIGN, LLC J.D. OF NEW HAVEN
V. AT MERIDEN
A.S.C., LLC, ET AL APRIL 25, 2016
UNFAIR TRADE PRACTICE BRIEF
Plaintiff claims Defendant Ammunition Storage
Components, LLC violated Connecticut General Statutes §35-1
by not filing a tradename certificate the City of New
Britain (which Defendant admitted it did not do in Requests
for admission #122, requests #42-45).
Connecticut General Statutes §35-1(a) provides:
(a) No person, except as provided in this
subsection, shall conduct or transact business
in this state, under any assumed name, or under
any designation, name or style, corporate or
otherwise, other than the real name or names of
the person or persons conducting or transacting
such business, unless there has been filed, in
the office of the town clerk in the town in
which such business is or is to be conducted or
transacted, a certificate stating the name
under which such business is or is to be
conducted or transacted and the full name and
post-office address of each person conducting
or transacting such business or, in the case of
a corporation or limited liability company
using such an assumed name, its full name and
principal post-office address. Such certificate
shall be executed by all of such persons or, in
the case of a corporation or limited liability
company, by an authorized officer thereof, and
acknowledged before an authority qualified to
administer oaths. Each town clerk shall keep an
alphabetical index of the names of all persons
filing such certificates and of all names or
styles assumed as provided in this subsection
and, for the indexing and filing of each such
certificate, shall receive the statutory filing
fee for documents established in section 7-34a,
to be paid by the person filing such
certificate. A copy of any such certificate,
certified by the town clerk in whose office the
same has been filed, shall be presumptive
evidence, in all courts in this state, of the
facts contained in such certificate. The
provisions of this subsection shall not prevent
the lawful use of a partnership name or
designation if such partnership name or
designation includes the true surname of at
least one of the persons composing such
partnership. This subsection shall not apply
to: (1) Any limited partnership, as defined in
section 34-9, provided such limited partnership
(A) has (i) filed a certificate as provided for
in section 34-10, or (ii) registered with the
Secretary of the State as provided in section
34-38g and (B) conducts or transacts business
under the name stated in the certificate or
registered with the Secretary of the State, or
(2) any limited liability company, as defined
in section 34-101, provided such limited
liability company (A) has (i) filed articles of
organization as provided for in section 34-120,
or (ii) registered with the Secretary of the
State as provided in section 34-223 and (B)
conducts or transacts business under the name
stated in the articles of organization or
registered with the Secretary of the State. Any
person conducting or transacting business in
violation of the provisions of this subsection
shall be fined not more than five hundred
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F:~IIome~Houston~hpl\LIT\Impact v. ASC - CUTPA brief 2016-04-25.docx
dollars or imprisoned not more than one year.
Failure to comply with the provisions of this
subsection shall be deemed to be an unfair or
deceptive trade practice under subsection (a)
of section 42-IIOb. [emphasis added]
The failure to file a tradename certificate is a per se
violation of the Connecticut Unfair Trade Practices Act.
Once the predicate act of not filing a tradename certificate
is found, no further analysis needs to be undertaken to find
a violation of the Connecticut Unfair Trade Practice Act.
IMPACT BRANDING & DESIGN, LLC
PLAINTIFF
ton, LLC
Hartford, CT 06123-0294
(860) 560-1180
FAX: (860) 560-1354
Email: HPLowry@PolivyTaschner.com
Juris # 407964
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F:~-Iome~Iouston~hpl\LIT\Impact v. ASC - CUTPA brief 2016-04-25.docx
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was
mailed on this 25t h day of April, 2016 to:
James Joseph Scalise, Esq.
871 W. Main Street
P.O. Box 1300
New Britain
ALSO VIA TE;
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F:~IIome~I-Iouston~hpl\LIT\Impact v. ASC - CUTPA brief 2016-04-25.docx
Document Filed Date
April 25, 2016
Case Filing Date
April 07, 2015
Category
C90 - Contracts - All other
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DOCKET NO. NNI-CV-15-6008145-5 SUPERIOR COURT IMPACT BRANDING & DESIGN, LLC J.D. OF NEW HAVEN V. AT MERIDEN A.S.C., LLC, ET AL APRIL 25, 2016 UNFAIR TRADE PRACTICE BRIEF Plaintiff claims Defendant Ammunition Storage Components, LLC violated Connecticut General Statutes §35-1 by not filing a tradename certificate the City of New Britain (which Defendant admitted it did not do in Requests for admission #122, requests #42-45). Connecticut General Statutes §35-1(a) provides: (a) No person, except as provided in this subsection, shall conduct or transact business in this state, under any assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the person or persons conducting or transacting such business, unless there has been filed, in the office of the town clerk in the town in which such business is or is to be conducted or transacted, a certificate stating the name under which such business is or is to be conducted or transacted and the full name and post-office address of each person conducting or transacting such business or, in the case of a corporation or limited liability company using such an assumed name, its full name and principal post-office address. Such certificate shall be executed by all of such persons or, in the case of a corporation or limited liability company, by an authorized officer thereof, and acknowledged before an authority qualified to administer oaths. Each town clerk shall keep an alphabetical index of the names of all persons filing such certificates and of all names or styles assumed as provided in this subsection and, for the indexing and filing of each such certificate, shall receive the statutory filing fee for documents established in section 7-34a, to be paid by the person filing such certificate. A copy of any such certificate, certified by the town clerk in whose office the same has been filed, shall be presumptive evidence, in all courts in this state, of the facts contained in such certificate. The provisions of this subsection shall not prevent the lawful use of a partnership name or designation if such partnership name or designation includes the true surname of at least one of the persons composing such partnership. This subsection shall not apply to: (1) Any limited partnership, as defined in section 34-9, provided such limited partnership (A) has (i) filed a certificate as provided for in section 34-10, or (ii) registered with the Secretary of the State as provided in section 34-38g and (B) conducts or transacts business under the name stated in the certificate or registered with the Secretary of the State, or (2) any limited liability company, as defined in section 34-101, provided such limited liability company (A) has (i) filed articles of organization as provided for in section 34-120, or (ii) registered with the Secretary of the State as provided in section 34-223 and (B) conducts or transacts business under the name stated in the articles of organization or registered with the Secretary of the State. Any person conducting or transacting business in violation of the provisions of this subsection shall be fined not more than five hundred - 2 - F:~IIome~Houston~hpl\LIT\Impact v. ASC - CUTPA brief 2016-04-25.docx dollars or imprisoned not more than one year. Failure to comply with the provisions of this subsection shall be deemed to be an unfair or deceptive trade practice under subsection (a) of section 42-IIOb. [emphasis added] The failure to file a tradename certificate is a per se violation of the Connecticut Unfair Trade Practices Act. Once the predicate act of not filing a tradename certificate is found, no further analysis needs to be undertaken to find a violation of the Connecticut Unfair Trade Practice Act. IMPACT BRANDING & DESIGN, LLC PLAINTIFF ton, LLC Hartford, CT 06123-0294 (860) 560-1180 FAX: (860) 560-1354 Email: HPLowry@PolivyTaschner.com Juris # 407964 - 3 - F:~-Iome~Iouston~hpl\LIT\Impact v. ASC - CUTPA brief 2016-04-25.docx CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was mailed on this 25t h day of April, 2016 to: James Joseph Scalise, Esq. 871 W. Main Street P.O. Box 1300 New Britain ALSO VIA TE; - 4 - F:~IIome~I-Iouston~hpl\LIT\Impact v. ASC - CUTPA brief 2016-04-25.docx