§414D-64  Administrative order of abatementfor infringement of corporate name.  (a)  Any domestic corporation in goodstanding or foreign corporation authorized to do business in this Stateclaiming that the name of another entity registered or authorized to transactbusiness under the laws of this State is substantially identical to, orconfusingly similar with its name, may file a petition with the departmentdirector for an administrative order of abatement to address the infringementof its name.  The petition shall set forth the facts and authority that supportthe petitioner's claim that further use of the name should be abated.  Thepetitioner, at the petitioner's expense, shall notify the registrant of thehearing and the registrant shall be given an opportunity to address thepetition at a hearing.  The notice shall be made and the hearing held inaccordance with the contested case provisions of chapter 91.

(b)  In addition to any other remedy orsanction allowed by law, the order of abatement may:

(1)  Allow the entity to retain its registered namebut require the entity to register a new trade name with the departmentdirector under which the entity shall conduct business in this State; or

(2)  Require the entity to change its registered name,register a new name with the department director, and require the entity toconduct business in this State under its new name.

If an entity fails to comply with the order ofabatement within sixty days, the department director may involuntarily dissolveor terminate the entity, or cancel or revoke the entity's registration orcertificate of authority, after the time to appeal has lapsed and no appeal hasbeen timely filed.  The department director shall mail notice of thedissolution, termination, or cancellation to the entity at its last knownmailing address.  The entity shall wind up its affairs in accordance with thischapter or chapters 414, 415A, 425, 425E, and 428, as applicable.

(c)  Any person aggrieved by the departmentdirector's order under this section may obtain judicial review in accordancewith chapter 91 by filing a notice of appeal in circuit court within thirtydays after the issuance of the department director's order.  The trial by thecircuit court of any such proceeding shall be de novo.  Review of any finaljudgment of the circuit court under this section shall be governed by chapter602. [L 2001, c 105, pt of §1; am L 2003, c 210, §6]