STOP Picking Generic Names for Your Business: Why Your Business Name Matters More Than You Think

Dewayne Williams
2 days ago
9 min read

Most people put more effort into naming their kids than naming their business.

And that’s exactly why so many people get stuck when it’s time to:

get an EIN
open a bank account
build business credit
secure funding
trademark their brand
build a legacy

**Choosing a unique, strategic business name is the first step toward building real separation and long-term success.**

Let me say this plainly:

Stop choosing generic business names.

Stop using your personal name as your business name.

Stop picking the same names everyone else picked in 1998.

Your business name is the first foundation of your corporate identity — and most people treat it like an afterthought.

I’m going to break down the truth, the strategy, the law, the misconceptions, and the REAL process to choose a name that can stand the test of time — and stand up in business.

PART 1: Why Using Your Personal Name Is One of the Worst Business Decisions You Can Make

People tell you:

“Just incorporate your name!”

And you believe it because it sounds simple.

But here’s the truth:

**When you use your personal legal name for your business,

you destroy separation before you even start.**

From a legal standpoint, under U.S. law,

a “person” can mean:

a natural person (you)
a U.S. citizen or resident
OR a domestic corporation

**Federal law (26 U.S. Code § 7701) defines a “person” to include both individuals and corporations, showing why your business identity must be legally separate from your personal identity.**

So if you try to “make yourself a corporation,”or you try to blend your personal legal identity into your business identity,you create a liability nightmare.

And let’s address this gently but clearly:

The “strawman / sovereign citizen / all caps name” theories are NOT legal facts.

Courts Have Rejected These Theories for Decades

The idea that your name in capital letters creates a separate corporate “strawman,” or that you can declare yourself “private” while operating in the public commercial system, has been rejected in every federal and state court for decades.

Below is a consolidated list of actual case law—including some of the most frequently cited federal decisions, plus additional, more recent cases reaffirming the same point:

1. U.S. v. Benabe, 654 F.3d 753 (7th Cir. 2011)

Courts do not recognize “sovereign citizen,” “flesh-and-blood man,” or similar identity-based arguments. These claims are frivolous and have no legal effect.

2. Bryant v. Washington Mutual Bank, 524 F. Supp. 2d 753 (W.D. Va. 2007)

The claim that a person’s name written in ALL CAPS creates a separate corporate entity was explicitly rejected. Capitalization has no legal significance.

3. U.S. v. Jagim, 978 F.2d 1032 (8th Cir. 1992)

The court held that sovereign citizen arguments are “completely without merit” and “patently frivolous.”

4. Muhammad v. Smith, 2014 WL 3670609 (N.D.N.Y. July 23, 2014)

The court explains that “redemptionist” and sovereign-citizen theories are routinely dismissed as frivolous and cites numerous supporting cases.

5. Mallory v. Obama, 2015 WL 7722034 (W.D. Mich. Nov. 30, 2015)

The court held that a birth certificate does NOT create a separate legal entity, nor does capitalization create a fictional corporation. These theories are utterly frivolous.

6. Payne v. Klida, 2016 WL 491847 (E.D. Mich. Jan. 6, 2016)

The court reaffirmed that sovereign-citizen concepts and “all caps name” arguments offer no legal basis and have been uniformly rejected.

7. Mitchell v. United States, 136 Fed. Cl. 286 (Fed. Cl. 2018)

Birth certificate / secret trust / strawman claims are identified as classic sovereign citizen arguments and dismissed as frivolous with no jurisdictional value.

8. Rivera v. United States, 105 Fed. Cl. 644 (Fed. Cl. 2012)

The court held that neither a birth certificate nor a Social Security card is a contract, eliminating the basis for redemptionist “corporate person” myths.

9. Tentman v. Barbarette, 2023-Ohio-… (Ohio Ct. App. May 3, 2023)

A recent appellate case reaffirming that sovereign citizen and redemptionist arguments are legally meaningless and “have been consistently rejected” by courts.

10. U.S. v. Hilgeford, 7 F.3d 1340 (7th Cir. 1993)

The Seventh Circuit called sovereign-style identity arguments “shopworn” and rejected them as frivolous.

11. IRS Revenue Ruling 2005-21, 2005-1 C.B. 691

The IRS designates “strawman” arguments — including the theory that your legal name in all caps creates a separate corporate entity — as frivolous tax positions, subject to penalties.

Bottom Line

No court has ever ruled that capitalizing a person’s name creates a corporation.

No court has ever recognized a “strawman” identity.

No court has ever accepted the claim that someone becomes a corporation just because their name appears in ALL CAPS.

These theories do not create legal separation —proper corporate structure does.

Nobody becomes “private” because they declare it.

And you cannot claim you are “private” while operating 100% in the public commercial system using:

banks
EIN numbers
state registrations
credit bureaus
payment processors
taxes
government IDs

You cannot play in the public system and then argue you’re exempt from the rules of the public system.

Your business must be structured separately.

Your identity must be separate.

Your liability must be separate.

A proper business name helps you build that separation.

PART 2: Why Generic Names Will Hurt Your Business

Names like:

Elite Consulting
Royal Transportation
First Choice Services
Global Solutions
Legacy Holdings
Premier Enterprises

Sound good…but thousands of people already used them.

And here’s the kicker:

Even if the name is available in your state,

you might not be able to get an EIN for it…

…because someone already used that name in another state

and the IRS database still has it on file.

That EIN conflict will shut your entire structure down before it even starts.

Not to mention:

Trademark conflicts
Branding confusion
Low credibility
No uniqueness
Hard to market
Hard to find online
Impossible to grow nationwide

If you want federal-level success, you need a federal-level identity.

PART 3: Major Companies Didn’t Choose Their Names By Accident

Most successful companies chose names with meaning, purpose, and vision.

Here are real examples:

Amazon

Jeff Bezos wanted a name that started with “A” (for search ranking in the 90s)and wanted something that meant “vast, huge, global.”He chose Amazon — the world’s largest river — because he wanted to build the world’s largest store.

FedEx

Originally Federal Express, it shortened to FedEx because customers said it that way naturally.

It became a brand built around speed, simplicity, and reliability.

Baskin-Robbins

Named after the founders — but with a twist:

31 flavors.

A brand built around variety and experience.

GM (General Motors)

A name designed to represent a massive, unified company overseeing many smaller divisions —a true parent company concept.

None of these names are:

random
generic
trendy
chosen overnight
based on a favorite color
something the founder thought of in 2 minutes

They built names based on their mission and vision.

PART 4: Your Business Name Should Reflect Your Mission — Not Your Mood

Stop naming your business:

after your child
your nickname
your favorite color
a random word
your zodiac sign
your old Instagram handle

Put meaning behind your name.

Here’s the truth:

**If you wouldn’t name a child “Global Solutions LLC,”

then don’t name your business like that either.**

You wouldn’t give your child a name without thought.

Why give your business — the entity meant to build generational wealth — anything less?

PART 5: How MAC Enterprise Consulting Got Its Name

People always ask what “MAC” stands for.

It stands for:

Management And Change.

Before launching MAC Enterprise Consulting, I worked as a Change Manager for a major consulting firm — helping corporations manage workplace changes, financial changes, and operational shifts.

When I started my own company, I wanted a name that represented:

Transformation
Growth
Leadership
Strategy
Corporate discipline
Structural change

I also needed a name that:

could be trademarked
would pass EIN checks
could grow nationwide
would stand out
had a corporate feel
wasn’t tied to me personally

And MAC Enterprise Consulting was born.

There is meaning behind it.

There is strategy behind it.

There is purpose behind it.

Your business deserves the same intentionality.

PART 6: How to Choose the RIGHT Business Name (Step-by-Step)

Here is the process EVERY entrepreneur should follow:

STEP 1 — Search Your State’s Secretary of State Database

Check for exact matches, similar names, and sound-alikes.If it’s close to another business, skip it.

STEP 2 — Check Key States for Conflicts

Names used heavily in states like Wyoming, Delaware, Florida, Texas, Nevada, California, New York are more likely to cause issues.

This helps avoid future IRS or branding conflicts.

STEP 3 — Search the Trademark Database (USPTO.gov)

Even if your state approves it, trademark conflicts can block your growth.

And ask yourself:

Do you really want the same name someone else is already known for?

You don’t want their business showing up when clients search yours.

STEP 4 — Understand EIN Conflicts (IRS Reality)

There’s no public EIN name search — but the IRS will reject your EIN if the name exists anywhere in their system, even from years ago or in another state.

Unique names = fewer problems.

STEP 5 — Domain Name Search

Check if the .com is available.

A strong brand starts with a strong online identity.

STEP 6 — Social Media Handle Check

See if the name is available across platforms like TikTok, IG, Facebook, YouTube, and LinkedIn.

If someone else already owns it everywhere, pick another name.

STEP 7 — Choose a Name With Meaning, Purpose, and Vision

Avoid names based on trends, favorite colors, your personal name, or something random.

Pick a name that reflects your mission and can grow nationwide.

Put Effort Into Your Business Name — It’s the First Step to Building a Legacy

Your business name is not a cute moment.

It’s not a trendy moment.

It’s not a color or a mood.

Your business name is the first legal, structural, brand, and financial decision you make.

Choose something that represents:

who you are
what you stand for
and where your business is going

Stop choosing names like everybody else.

Build something meant to last.

References & Legal Case Studies

1. Legal Definition of “Person” Under U.S. Law

26 U.S. Code § 7701(a)(1) — Defines “person” to include individuals, trusts, estates, partnerships, associations, companies, and corporations.
- https://www.law.cornell.edu/uscode/text/26/7701
1 U.S. Code § 1 — Defines “person” to include corporations and individuals unless context indicates otherwise.
- https://www.law.cornell.edu/uscode/text/1/1

2. Case Law Rejecting Sovereign Citizen / Strawman / “All Caps Name” Theories

U.S. v. Benabe, 654 F.3d 753 (7th Cir. 2011)

One of the most frequently cited cases. Court held that “sovereign citizen,” “flesh-and-blood man,” and similar theories are frivolous and have no legal effect.

https://casetext.com/case/us-v-benabe

Bryant v. Washington Mutual Bank, 524 F. Supp. 2d 753 (W.D. Va. 2007)

Court rejected argument that a name in ALL CAPS indicates a separate legal entity or “corporate fiction.”

https://law.justia.com/cases/federal/district-courts/FSupp2/524/753/2350678/

United States v. Jagim, 978 F.2d 1032 (8th Cir. 1992)

Court held that sovereign citizen arguments about private identity and corporate identity are “completely without merit” and “patently frivolous.”

https://law.justia.com/cases/federal/appellate-courts/F2/978/1032/441952/

McLaughlin v. CitiMortgage, Inc. (2013)

Court dismissed claims involving “strawman” arguments and ruled that all-caps name formatting is standard typographical convention and has no legal meaning.

United States v. Wunder, 919 F. Supp. 2d 1138 (N.D. Ill. 2013)

Court held that sovereign-style claims “have been uniformly rejected by federal courts.”

3. IRS & Federal Position on Names / EINs

IRS EIN Guidelines

The IRS issues EINs based on uniqueness in its federal database, not just state availability.IRS Publication 1635 clarifies requirements for name availability and entity separation.