§425-196  Administrative order of abatementfor infringement of partnership name.  (a)  Any domestic partnership ingood standing formed under this chapter or foreign partnership authorized to dobusiness in this State under this chapter claiming that the name of anotherdomestic corporation, partnership, limited partnership, limited liabilitypartnership, or limited liability company existing under the laws of thisState, or any foreign corporation, partnership, limited partnership, limitedliability partnership, or limited liability company authorized to transactbusiness in this State is substantially identical to, or confusingly similarwith, its name may file a petition with the director for an administrativeorder of abatement to address the infringement of its name.  The petition shallset forth the facts and authority that support the petitioner's claim thatfurther use of the name should be abated.  The petitioner, at the petitioner'sexpense, shall notify the registrant of the hearing and the registrant shall begiven an opportunity to address the petition at a full hearing.  The noticeshall be made and the hearing held [in] accordance with the contested caseprovisions 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 itsregistered name;

(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 of abatementwithin sixty days, the director may involuntarily dissolve or terminate theentity, or cancel or revoke the entity's registration or certificate ofauthority, after the time to appeal has lapsed and no appeal has been timelyfiled.  The director shall mail notice of the dissolution, termination, orcancellation to the entity at its last known mailing address.  The entity shallwind up its affairs in accordance with chapter 414, 414D, 415A, 425, 425E, or428, 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 in circuit court within thirty days after theissuance of the director's order.  The trial by the circuit court of any such proceedingshall be de novo.  Review of any final judgment of the circuit court under thissection shall be governed by chapter 602. [L 1999, c 250, §4; am L 2002, c 40,§63; am L 2003, c 210, §8]