QUESTION
I used to work for a company, about 3 years ago they went under, may I start a company under that name and use my work?
Asked on Dec 07th, 2012 on Labor and Employment - Nevada
More details to this question:
I worked there for about 3 years, they went under after I left. I would love to use my works and the name they used to start my own company. They don't have it registered under any LLC but they did pay for the work I did under that company name.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need additional information but, if they have abandoned the name, generally there is no reason why you should not be able to use it or something close to it.
Answered on Dec 11th, 2012 at 9:27 PM
Theodore M. Roe
This is really an intellectual property and employment question. If you signed off on the work you did as a work for hire, they own it and you would be violating their copyright if you were to continue to use it. If you did not sign off, in writing, for this you may still have rights to the work. Regarding the name of the company. This is a trademark. Regardless of whether they registered the name as a business, it may be a registered trademark or they may continue to maintain rights to the name. I recommend that you contact a qualified intellectual property attorney for a full evaluation.
Answered on Dec 09th, 2012 at 7:14 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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I think you are probably OK if they are out of business as you say.
Answered on Dec 09th, 2012 at 6:59 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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North Carolina has laws about using names similar to other companies. You should go to the nc secretary of state website and do a corporation search for the name. This will show all LLC's, LLP's, Inc.'s and all other types of legal entities in North Carolina permitted to do business. If no one else is using the name and the old company did not reserve the use of the name, you should be ok. Practically, you should also make sure you investigate the reputation of the business after you left. You may be signing onto a name that is associated with a company that burned a lot of bridges.
Answered on Dec 09th, 2012 at 6:54 PM
I do not know the right answer to your question, but I suspect it has something to do with 1) did they register the name 2) If they did, have they abandoned by non-use. (I do not know how long the law says that is) If they did not register the name, go back to #2, above.
Answered on Dec 07th, 2012 at 4:31 PM
The answer to your question would depend on any contract / agreement that you have with the former company. It sounds like you may have created work that may be considered intellectual property (software, manuals, books, things like that). If you created the work under a contract that specified that the work you created was ?work-made-for-hire,? and belonged to the company that paid you for it, the answer to your question is probably no. If the contract does not so specify, you very well may have the right to use the work you created.
Answered on Dec 07th, 2012 at 3:57 PM