Re: sorta OT: company names
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 ___ gnhlug-discuss mailing list [EMAIL PROTECTED] http://mail.gnhlug.org/mailman/listinfo/gnhlug-discuss
Re: sorta OT: company names
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] > > ___ > gnhlug-discuss mailing list > [EMAIL PROTECTED] > http://mail.gnhlug.org/mailman/listinfo/gnhlug-discuss --- -- Greg Rundlett Sr. Internet Systems Architect FREePHILE "Free Software on Linux" [EMAIL PROTECTED] (978) 423-8172 ___ gnhlug-discuss mailing list [EMAIL PROTECTED] http://mail.gnhlug.org/mailman/listinfo/gnhlug-discuss
Re: sorta OT: company names
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) ___ gnhlug-discuss mailing list [EMAIL PROTECTED] http://mail.gnhlug.org/mailman/listinfo/gnhlug-discuss
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] ___ gnhlug-discuss mailing list [EMAIL PROTECTED] http://mail.gnhlug.org/mailman/listinfo/gnhlug-discuss
