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We have a new web-based application that is due to launch towards the end of the summer. It has its own domain name, of course, but is really not related to the core of the business or our current target market.

We'd like the name of the application to be the new brand in the company -- sort of the structure that Toyota has for Lexus.

What we can't do is make the new brand a wholly-owned subsidiary, since the new web app isn't a separate entity, but rather just a product in the existing company, but targeting a different market.

From what I understand, the new brand becomes a "division" in the existing company -- legally the same company, but structurally a separate segment of revenue.

But the payment pipelines are all set up under the corporate business name, not the new brand name. So how is this done from the payment perspective? I want the customers for the new product to deal only with the name of the new brand, not with the official corporate name which won't even appear on the new product.

Are we supposed to set up a DBA for the new brand and set up a separate merchant account for that DBA name? Is there more that needs to be done to set up a new brand/division legally? Or is this handled an entirely different way?

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1 Answer

I believe this is a marketing, accounting, systems, etc. issue, but not a legal issue.

Once you obtain the fictitious business name (DBA), the legal underpinnings are taken care of. From that point on, you are talking about operational issues. The multiple brands / divisions do not have legal ramifications (beyond whatever you do to protect the brands via trademark and domain name registrations, etc.).

Companies can have multiple merchant accounts under a single legal entity.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

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+1 - totally an internal issue. SImilar to divisions - there is no legal reason something like a division or a marketing department even exists. It is only internally, for better orgainzation. Strong brand = more identification. – NetTecture May 21 '10 at 6:21

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