648.135 Effect
of violation of ORS 648.007; damages and attorney fees; effect on other laws. (1) A person who carries on,
conducts or transacts business in violation of ORS 648.007 shall lack standing
before the courts of this state to maintain a cause of action for the benefit
of the business. The person may cure the incapacity at any time by complying
with ORS 648.007. Nothing in this section shall extend any statute of
limitations.
(2) In any action
or suit in which the cause of action arises out of business that the defendant
carried on, conducted or transacted in violation of ORS 648.007, the plaintiff
shall be entitled to recover $500 or the actual costs that the court determines
that the plaintiff reasonably incurred to ascertain the real and true name of
the defendant, whichever is greater. The court may award reasonable attorney
fees to the prevailing party in an action under this subsection.
(3) Except as
provided in this section, nothing in this chapter shall abrogate or limit the
law as to unfair competition or unfair trade practices or derogate from the
common law, the principles of equity or the statutes of this state or of the
United States with respect to the right to acquire and to protect trade names. [1985
c.728 §93; 1987 c.390 §1; 1995 c.454 §12; 1995 c.618 §106]
Notes of Decisions
Pac. Coast Recovery Serv., Inc. v. Johnston, 184 P.3d 1127 (Or. Ct. App. 2008).
· cites it 23× “007 at the time this action was filed, plaintiff was precluded, by operation of ORS 648.135, from maintaining this action.”
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
· cites it 3× “Instead, they asserted that, in certain proceedings — such as this one— against a business using a name that is not registered with the Secretary of State, ORS 648.135(2) authorizes the plaintiff to recover the greater of $500 or the plaintiffs actual costs *639 incurred in…”
Gillman v. Emel, 747 P.2d 390 (Or. Ct. App. 1987).
“1 In her third claim, plaintiff alleged that defendants violated the Assumed Business Name Law and sought damages under ORS 648.135 and ORS 648.990. The court awarded her $200.”
Kahn v. Canfield, 998 P.2d 651 (Or. 2000).
“096 (1993) (providing for reasonable attorney fees to the prevailing party in a contract action when the underlying contract provides for attorney fees for enforcement); and ORS 648.135(2) (providing for attorney fees “reasonably incurred” in actions involving a violation of the…”
Covelli v. Avamere Home Health Care, LLC (D. Or. 2020).
· cites it 6× “” ORS § 648.135(1). Thus, contrary to Plaintiff’s argument, Oregon Rule of Civil Procedure 26B’s provision allowing an unincorporated entity to file suit in “any name it has assumed” cannot apply to unregistered entities or it would directly contradict this statutory provision.”
Wright v. Violet Energy, Inc. (D. Or. 2024).
· cites it 6× “§ 206 , (3) violation of ORS § 648.135(2), which is part of Oregon’s Assumed Business Names Act (“ABNA”), and (4) breach of contract.”
Serpas Parada v. MJ's Labor Servs., Inc. (D. Or. 2019).
· cites it 3× “Unregistered Business Name Under Or. Rev. Stat. § 648.135 , a plaintiff may recover costs it incurred to ascertain the true name of an unregistered defendant when a cause of action arises out of that defendant’s business.”
Lemons v. Walgreen Pharmacy Servs. Midwest, LLC (D. Or. 2022).
· cites it 2× “Under Or. Rev. Stat. § 648.135 (2), a plaintiff may seek a $500 penalty against a defendant who carries out business while operating under an unregistered assumed name in violation of Or.”
— Or. Rev. Stat. § 648.135(1) — 2 cases
Covelli v. Avamere Home Health Care, LLC (D. Or. 2020).
“” ORS § 648.135(1). Thus, contrary to Plaintiff’s argument, Oregon Rule of Civil Procedure 26B’s provision allowing an unincorporated entity to file suit in “any name it has assumed” cannot apply to unregistered entities or it would directly contradict this statutory provision.”
— Or. Rev. Stat. § 648.135(2) — 7 cases
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
“Instead, they asserted that, in certain proceedings — such as this one— against a business using a name that is not registered with the Secretary of State, ORS 648.135(2) authorizes the plaintiff to recover the greater of $500 or the plaintiffs actual costs *639 incurred in…”
Kahn v. Canfield, 998 P.2d 651 (Or. 2000).
“096 (1993) (providing for reasonable attorney fees to the prevailing party in a contract action when the underlying contract provides for attorney fees for enforcement); and ORS 648.135(2) (providing for attorney fees “reasonably incurred” in actions involving a violation of the…”
Wright v. Violet Energy, Inc. (D. Or. 2024).
“§ 206 , (3) violation of ORS § 648.135(2), which is part of Oregon’s Assumed Business Names Act (“ABNA”), and (4) breach of contract.”
Covelli v. Avamere Home Health Care, LLC (D. Or. 2020).
“” ORS § 648.135(1). Thus, contrary to Plaintiff’s argument, Oregon Rule of Civil Procedure 26B’s provision allowing an unincorporated entity to file suit in “any name it has assumed” cannot apply to unregistered entities or it would directly contradict this statutory provision.”
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