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  1. #1
    Join Date
    Feb 2005
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    116

    Default Rights to Company Name and Logo

    *******Sorry for the length of this post!*******

    A non-profit entity that has been using the name "Company X" since 2003 has announced that it was "closing its doors" and would be filing articles of Dissolution in Massachusetts.

    The fact is that the "Company X" name was never legally registered in Massachusetts (the state of incorporation of prior named entity), did not file for a fictitious name or change of name, and never filed a federal service mark or trademark. Basically, they simply just began using the name, Company X.

    A group of investors, wanting to continue the mission of the so-called Company X, has began preparations to continue the mission by using the same Company X name. The "new Company X" is incorporated under the Company X name in Delaware and has pending service & trademarks for "Company X" and its logo.

    The "old Company X" has sent a cease & desist letter to the "new Company X" alleging infringement of proprietary rights and claiming injury to the "old Company X's" goodwill and reputation.

    In as much as damages are required for successful civil litigation, how can an entity who has "closed its doors" and stopped all business possibly have any damages?

    Which entity, old or new, has superior rights to the name "Company X"? "Old" used it first without any name changes, logo trademarks, or registrations and the "new" has corporate name status in Delaware and pending trade/service marks.

  2. #2
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    Default Re: Rights to company name and logo

    Registered or not, the name and logo are the intellectual property of the creator, not the successor company that simply wants to start using them without paying for them. The new company could consider buying the rights to the name and logo from the old company.

  3. #3
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    Feb 2005
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    116

    Default Re: Rights to company name and logo

    Thanks for the reply!

    I was under the impression that once a company files for dissolution that everything gets thrown back into the public domain. Is that not true? The old company is gone, so how what damages can they claim?

  4. #4
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    Default Re: Rights to company name and logo

    They can claim whatever their damages are. I have no idea what the market value is of the name and logo the new company wishes to use.

  5. #5
    Join Date
    Aug 2006
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    6

    Default Re: Rights to company name and logo

    Boeing now incorporates North American, McDonnell, Douglas, Vertol, Piasecki, and several others. Can they keep them all for ever? Can I start an Aviation company called Piasecki bought in about 1960, if not, by what mechanism does Boeing keep the name.

  6. #6
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    Default Re: Rights to company name and logo

    It's called a trademark.

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