5.__Compliance required.__An assumed or fictitious name must comply with the requirements of section 301-A.

6.__Enjoin use of assumed or fictitious name.__If a corporation uses an assumed or fictitious name without complying with the requirements of this section, the continued use of the assumed or fictitious name may be enjoined upon suit by the Attorney General or by any person adversely affected by the use of the assumed or fictitious name.

7.__Enjoin use despite compliance.__Notwithstanding its compliance with the requirements of this section, the use of an assumed or fictitious name may be enjoined upon suit of the Attorney General or of any person adversely affected by such use if:

A.__The assumed or fictitious name did not, at the time the statement required by subsection 4 was filed, comply with the requirements of section 301-A; or

B.__The assumed or fictitious name is not distinguishable on the records of the Secretary of State from a name in which the plaintiff has prior rights by virtue of the common law or statutory law of unfair competition, unfair trade practices, common law copyright or similar law.

The filing of a statement pursuant to subsection 4 does not constitute actual use of the assumed or fictitious name set out in that statement for purposes of determining priority of rights.

8.__Terminate use of assumed or fictitious name.__A corporation may terminate an assumed or fictitious name by executing and delivering, in accordance with sections 104 and 106, a statement setting forth:

A.__The name of the corporation and the address of its registered office;

B.__That the corporation no longer intends to carry on activities under the assumed or fictitious name; and

C.__The assumed or fictitious name the corporation intends to terminate.

Sec. B-16. 13-B MRSA §404, sub-§1, śC, as amended by PL 1989, c. 501, Pt. L, §40, is further amended to read: