Re: sorta OT: company names

2002-09-23 Thread Rob Lembree

On Mon, 2002-09-23 at 18:03, Erik Price wrote:
> 
> 
> Thanks to everyone who provided input on getting registered.  If it's 
> not too expensive, becoming a LLC sounds like the best move.  I'm not 
> doing any "professional" software development right now, but I don't 
> want to rule it out.

Bear in mind that if you choose to become an LLC, there is regular 
paperwork that needs to be filed with the state and the fed.  An LLC 
is a taxable entity, even though the taxes flow through the members.
Be sure that you're aware of all the paperwork that comes with being
an LLC.


> The app I'm developing is a simple scheduling system and, as I said, 
> when I have a beta I'll post the source on Freshmeat.  It's to be 
> written in Java.
> 
> 
> Erik
> 
> 
> 
> --
> Erik Price   (zombies roam)
> 
> email: [EMAIL PROTECTED]
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Rob LembreeMetro Link Incorporated
29 Milk St.  [EMAIL PROTECTED]
Nashua, NH 03064-1651 http://www.metrolink.com
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Re: sorta OT: company names

2002-09-23 Thread Erik Price



Thanks to everyone who provided input on getting registered.  If it's 
not too expensive, becoming a LLC sounds like the best move.  I'm not 
doing any "professional" software development right now, but I don't 
want to rule it out.

The app I'm developing is a simple scheduling system and, as I said, 
when I have a beta I'll post the source on Freshmeat.  It's to be 
written in Java.


Erik



--
Erik Price   (zombies roam)

email: [EMAIL PROTECTED]
jabber: [EMAIL PROTECTED]

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Re: sorta OT: company names

2002-09-20 Thread jkinz

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.  "[EMAIL PROTECTED]" 
"[EMAIL PROTECTED]" 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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Re: sorta OT: company names

2002-09-20 Thread Greg Rundlett

Erik,

If you're in Mass, but not incorporated, then you are a sole proprietor
"doing business as" a company.  You could hire an attorney, to file the
articles of incorporation, and do a trademark search and whatnot, but that
will cost on the order of $1,000+. If you do not want to hire an attorney,
you could try filing articles of incorporation yourself with the Secretary
of State's Office, and I think the application is maybe $200.  If you do
 not want to incorporate at all, but operate a business (consulting, etc.)
 that is not in your natural name, then you are supposed to register your
 company with the local city/town hall.  That option costs about $20/year.  
These various types of filings are what give you legitimacy, and start to 
copyright your use of a particular name if I'm not mistaken.  Depending on 
what this other company did or does, there is even room for two companies 
to have the same name or overlapping trademarks - if they are in different 
fields.  For example, MAC Enterprises can't be sued for trademark 
infringement by Apple Computer if MAC Enterprises is a landscaping business 
run by Michael And Charlie

I'm sorry that I don't have better personal advice to givebut I've
started and putoff incorporating a couple times without actually doing it
yet.  Plus, I'm not an attorney obviously, so you'll have to confirm 
anything I say.  Still, I do have some good resources bookmarked at my 
website at
http://freephile.com/bookmarker/search.php3  Do a search with
subcategory.name = 'business' .  The SBA.gov site is a good one for 
starters, as is
www.buzgate.org.

All of this is just my personal experience as a 'sole proprietor' who has
entertained the idea of incorporating a few times, but so far has always
been to pressed to do other things.

Of course, if you end up seeking good legal counsel, there are a few links 
within my bookmark collection noted above to some of the well-know 
internet/technology attorneys.

hth,

Greg Rundlett
Sr. Internet Systems Architect
FREePHILE.com
978-423-8172
[EMAIL PROTECTED]
aim: freephile

- Original Message -
From: "Erik Price" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, September 20, 2002 1:39 PM
Subject: sorta OT: company names

> 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?
>
> Thanks for your thoughts,
>
>
> Erik
>
>
>
>
>
>
> --
> Erik Price   (zombies roam)
>
> email: [EMAIL PROTECTED]
> jabber: [EMAIL PROTECTED]
>
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---

-- 
Greg Rundlett
Sr. Internet Systems Architect
FREePHILE
"Free Software on Linux"
[EMAIL PROTECTED]
(978) 423-8172
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Re: sorta OT: company names

2002-09-20 Thread Ray Cote

Call your local Secretary of State and register the name as a DBA 
(Doing Business As). Costs under a $100 (don't remember, may even be 
as low as $25).
If you represent yourself under a different name, you should present 
yourself as such.
They will do a search to see if there are conflicts.
Ray


-- 
-
Raymond CoteAppropriate Solutions, Inc.
www.AppropriateSolutions.com   rgacote(at)AppropriateSolutions.com
603.924.6079(v)  POB 458, Peterborough, NH 03458603.924.8668(f)
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sorta OT: company names

2002-09-20 Thread Erik Price

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?

Thanks for your thoughts,


Erik






--
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email: [EMAIL PROTECTED]
jabber: [EMAIL PROTECTED]

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