§482-8.5  Administrative order of abatement
against a registered or authorized entity.  (a)  Any person claiming to be
the owner of a trade name or mark who believes that the name of any entity
registered or authorized to transact business under the laws of this State is
confusingly similar to its trade name or mark may file a petition with the
director for an administrative order of abatement to address the infringement
of its trade name or mark.  The petition shall set forth the facts and
authority supporting the claim that the petitioner has common law rights of
ownership of the trade name or mark, that these rights are being infringed upon
by a registered or authorized entity whose name is confusingly similar to the
petitioner's trade name or mark, and that further use of the entity name should
be abated.



(b)  Any person with a registered trade name in
this State claiming that another subsequently registered name of any entity
registered or authorized to transact business under the laws of this State is
substantially identical to its registered trade name may file a petition with
the director for an administrative order of abatement against the use of the
subsequently registered entity name.  The petition shall set forth the facts
and authority supporting the claim that the petitioner's registered trade name
is substantially identical to the subsequently registered entity name, the
petitioner's trade name was registered before the subsequently registered
entity name, and further use of the subsequently registered entity name should
be abated.



(c)  The petitioner, at the petitioner's
expense, shall notify the registrant of the hearing in the manner prescribed by
chapter 91 and the registrant shall be given an opportunity to respond to the
petition at the hearing.  The notice shall be made and the hearing held in
accordance with the contested case provisions of chapter 91.



(d)  In addition to any other remedy or
sanction allowed by law, the order of abatement may:



(1)  Allow the entity to retain its registered name,
but require the entity to:



(A)  Register a new trade name with the
director; and



(B)  Transact business in this State under the
new trade name; or



(2)  Require the entity to change its registered name,
and to:



(A)  File a name change with the director; and



(B)  Transact business in this State under the
new name.



If the entity fails to comply with the order of
abatement within sixty days, the director may involuntarily dissolve or
terminate the entity, or cancel or revoke the entity's registration or
certificate of authority after the time to appeal has lapsed and no appeal has
been timely filed.  The director shall mail notice of the dissolution,
termination, or cancellation to the entity at its last known mailing address. 
The entity shall wind up its affairs in accordance with this chapter or chapter
414, 414D, 415A, 425, 425E, or 428, as applicable.



(e)  Any person aggrieved by the director's
order under this section may obtain judicial review in accordance with chapter
91 by filing a notice of appeal in circuit court within thirty days after the
issuance of the director's order.  Review of any final decision of the circuit
court shall be governed by chapter 602. [L 2002, c 130, §7; am L 2003, c 124,
§90 and c 210, §13; am L 2008, c 108, §11]