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 by the Attorney General or by 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 603-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 mere 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 the purpose of determining priority of rights.

8.__Terminate use of assumed or fictitious name.__A limited liability company may terminate an assumed or fictitious name by executing and delivering to the Secretary of State a statement setting forth:

A.__The name of the limited liability company;

B.__That the limited liability company no longer intends to transact business under the assumed or fictitious name; and

C.__The assumed or fictitious name the limited liability company intends to terminate.

Sec. C-25. 31 MRSA §606, as amended by PL 1995, c. 514, §§4 and 5, is repealed.

Sec. C-26. 31 MRSA §606-A is enacted to read:

§606-A.__Registered name of foreign limited liability company

1.__Register limited liability company name.__A foreign limited liability company may register its limited liability company name if the name is distinguishable on the records of the Secretary of State pursuant to section 603-A.