[PLUG] PLUG vs. PLUG

[Dylan Reinhardt]

On Mon, 19 Jan 2004 11:41:55, Dan Haskell <danh at fork.com> wrote:
> Dave Mandel has a DBA on it with the State of Oregon. 

True enough:
http://sos-venus.sos.state.or.us:8080/beri_prod/pkg_web_name_srch_inq.do_name_srch?p_regist_nbr=160120-98

It's not clear that DBA registration has any applicability here, as Dave
is not doing business as "PORTLAND LINUX USERS GROUP" and neither is
PDXLUG.  For sake of argument, though, let's say it matters.

Dave registered this name in July 2003.  That stands in contrast to his
registration of "PORTLAND LINUX/UNIX GROUP" in November 1999.  The
ownership of "PORTLAND LINUX USERS GROUP" was not a subject of state
concern prior to 7/03... when PDXLUG was formed.

The value of trade names is directly related to their specificity and
uniqueness.  Registering a name *after* its usage has become confused
confers little of value on the registration holder.  Furthermore, the
fact that PLUG has taken no action to enforce its "right" seriously
undermines any case PLUG may think it has.  It's way too late now.

Be aware as well that there are significant hazards to playing the game
of legal entitlement with names.  After all, the name "PLUG" is a
registered DBA in Oregon and I sort of doubt you've reached an equitable
licensing arrangement with the registrant.  :-)

FWIW,

Dylan