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)
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