sorta OT: company names

jkinz at rcn.com jkinz at rcn.com
Fri Sep 20 15:12:43 EDT 2002


On Fri, Sep 20, 2002 at 01:39:00PM -0400, Erik Price wrote:
> Hi,
> 
> This question isn't really related to Linux or Unix specifically, but 
> I'll ask anyway since I know there are some experienced developers on 
> this list.
> 
> I am writing a small chunk of software (in Java) that I intend to 
> release on Freshmeat when I have a beta.  I don't have a "company" name 
> registered in whatever organization keeps track of company names, but 
> I'd like to use one (even though it's just me hacking in my spare time, 
> not-for-profit).  This is especially significant given that I would use 
> the name in the software package name, eg 
> "com.MyCompany.MyApplicationPackage".  However, the name that I want to 
> use was taken by another company about 7 years ago, but I am fairly 
> certain it longer exists -- there are only 19 hits on Google in 
> reference to the name, and of those, only a few actually related to the 
> company.  They do not have a web site, nor can I find any contact 
> information about them.  A Wired article indicates that this company 
> was based out of someone's apartment in New York, whereas I live in 
> Mass.
> 
> I'm wondering if it's legal to just appropriate the name for my own 
> use.  I'd guess not, but then I wonder how many diners out there are 
> named "Classic Diner" or what have you.  Furthermore, I have the domain 
> name already.  What are the (legal) steps to take so that you can put 
> "Copyright 2002 My Company" on your software?

I'll Second Ray's advice about filing as a DBA.  You can even have duplicate
company names within the same state as long as they can be distinguished by
a town name.  

One option that is slightly better than a DBA but much cheaper than a
corporation is a "LLC".  "Limited Liability Corporation"  can shelter
your personal property

from any liabilities created by your business.  Being a DBA sole
proprietor makes all your personal property vulnerable to liabilities
created by your business.

-- 
Jeff Kinz, Director, Emergent Research,  Hudson, MA.  "jkinz at ultranet.com" 
"jkinz at rcn.com" copyright 2002.  Use is restricted. Any use is an 
acceptance of the offer at http://users.rcn.com/jkinz/policy.html.

    (¬_                                    -o)
    //\         eLviintuaxbilse            /\\    
    V_/_                                  _\_V   



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