§425-196  Administrative order of abatement
for infringement of partnership name.  (a)  Any domestic partnership in
good standing formed under this chapter or foreign partnership authorized to do
business in this State under this chapter claiming that the name of another
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 full 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, §4; am L 2002, c 40,
§63; am L 2003, c 210, §8]