[§425E-108.5]  Administrativeorder of abatement for infringement of limited partnership name.  (a)  Anydomestic  limited partnership or limited liability limited partnership in goodstanding or foreign limited partnership or limited liability limited partnershipauthorized to transact business in this State claiming that the name of anotherdomestic corporation, partnership, limited partnership, limited liabilitylimited partnership, limited liability partnership, or limited liabilitycompany existing under the laws of this State, or any foreign corporation,partnership, limited partnership, limited liability limited partnership,limited liability partnership, or limited liability company authorized totransact business in this State is substantially identical to, or confusinglysimilar with, its name may file a petition with the director for anadministrative order of abatement to address the infringement of its name.  Thepetition shall set forth the facts and authority that support the petitioner'sclaim that further use of the name should be abated.  The petitioner, at thepetitioner's expense, shall notify the registrant of the hearing and theregistrant shall be given an opportunity to address the petition at a fullhearing.  The notice shall be made and the hearing held in accordance with thecontested 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 name,but:

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

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

(2)  (A)  Require the entity to change its registeredname;

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

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

If an entity fails to comply with the order ofabatement within sixty days, the director may involuntarily dissolve orterminate 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 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, or 428, as applicable.

(c)  Any person aggrieved by the director'sorder under this section may obtain judicial review in accordance with chapter91 by filing a notice of appeal within thirty days after the issuance of thedirector's order.  The trial by the circuit court of any such proceeding shallbe de novo.  Review of any final judgment of the circuit court under thissection shall be governed by chapter 602. [L 2003, c 210, pt of §1]