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Art. 687.Person Doing Business Under Trade Name

Title III. Parties · Chapter 2. Parties Plaintiff · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 687 requires a person operating under a trade name to sue in their own name, rather than the trade name, to enforce any right created by or growing out of that business.

Full Text of Art. 687

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A person who does business under a trade name shall sue in his own name to enforce a right created by or arising out of the doing of such business.

Plain-English Summary

Plenty of individuals in Louisiana run a business under a name other than their own — a trade name painted on a storefront or printed on invoices, distinct from the legal name of the person who owns and runs it. Article 687 makes clear that the trade name is not itself a legal person capable of suing. The individual behind it has to bring the lawsuit in their own name, even though the underlying right grew out of business conducted under the trade name.

This keeps the responsibility for the lawsuit tied to an identifiable, accountable person rather than a label. A defendant sued by, or suing, someone doing business under a trade name knows exactly who they are dealing with, and a judgment names a real person who can be held to it.

Frequently Asked Questions

Can I sue using only my business's trade name if I am a sole proprietor?

No. Article 687 requires the individual behind the trade name to sue in their own personal name, even for a right that arose out of the trade-name business.

Does a trade name have its own legal existence separate from the person running it?

No. Under Article 687, a trade name is a label for a business, not a separate legal person capable of suing or being treated as the plaintiff.

What happens if a lawsuit is filed only in the name of the trade name rather than the owner?

It is subject to challenge, since Article 687 requires the actual person doing business under that name to appear as the plaintiff.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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