§415A-8.5  Administrative order of abatement
for infringement of corporate name.  (a)  Any professional corporation in
good standing claiming that the name of any domestic corporation, partnership,
limited partnership, limited liability partnership, or limited liability
company existing under the laws of this State, or any foreign corporation,
partnership, limited partnership, limited liability partnership, or limited
liability company authorized to transact business in this State is
substantially identical to, or confusingly similar with, its name may file a
petition with the director for an administrative order of abatement to address
the infringement of its name.  The petition shall set forth the facts and
authority that support the petitioner's claim that further use of the name
should be abated.  The petitioner, at the petitioner's expense, shall notify
the registrant of the hearing and the registrant shall be given an opportunity
to address the petition at a hearing.  The notice shall be made and the hearing
held in accordance with the contested case provisions of chapter 91.



(b)  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:



(A)  Require the entity to register a new trade
name with the director; and



(B)  Require the entity to conduct business in
this State under this new trade name; or



(2)  (A)  Require the entity to change its
registered name;



(B)  Require the entity to register the new
name with the director; and



(C)  Require the entity to conduct business in
this State under its new name.



If an 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 chapter 414, 414D, 415A,
425, 425E, or 428, as applicable.



(c)  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.  The trial by the circuit court of any such
proceeding shall be de novo.  Review of any final judgment of the circuit court
under this section shall be governed by chapter 602. [L 1999, c 250, §2; am L
2002, c 40, §45; am L 2003, c 210, §7]