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ANDREA, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 12554
Experience:  25 Years Exp. LLM, Taxation
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There was a Rodeo in Mansfield TX called Kowbell Indoor

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There was a Rodeo in Mansfield TX called Kowbell Indoor Rodeo and was sold in 2005 to the ISD. I started a Non Profit organization that puts on the Kowbell Cowboy Reunion and have an assumed named certificate and Tax ID # and have had this since November 2009.
Now one of the owners of the Kowbell has gotten a TradeMark in the name of Kowbell in May 2012 and has threatened to sue me if I did not remove anything having to do with the Kowbell Name. No one in the organization profits from these events. The money made from the events goes to put them on and any thing left is given to charity and to Students for college scholarships. What can they do to me if we do not quite having the reunions.

Good Morning, My name is ***** ***** my goal is to provide you with Excellent Service, but need a bit more information, if you do not mind,

"1. Do you know if the name "Kowbell" was registered, either as a fictitious name, or a "DBA" (Doing Business As) by the prior owner before he sold it in 2005 ?

2. Do you know if the name "Kowbell" was sold in 2005 along with the rodeo ?

Thank you and I look forward to your reply,

Customer: replied 4 years ago.

I did a lot of checking before we started the reunion and they had not even had a Tax ID or Assumed Name since 1985. The name as far as I know was not sold to anyone. The property where the Rodeo was held was sold to a school district where they built a High School in its place. The event we have had for the past 4 years is a reunion for the Cowboys and Cowgirls that participated in the rodeo their and also a lot of others. It is a Non-Profit Organization and the money that we receive outside of putting this event on goes to Charity and College Scholarships.

Hi Kathy, Thank you for your additional information,

You have a great idea about the reunions and I am sure those who participated in rodeo shows love the idea also. It would be a shame to have to stop them if this individual gave you trouble about the name. It is quite possible that the original owner who put on the Rodeo shows registered the name either as a "Fictitious Name", or a "Doing Business As" and may not have sold the name when he sold the rodeo. The fact that he is not using the name presently, does not diminish his proprietary right to use it. Nor does it make a difference that all the proceeds go to charity. I think it's a great thing you are doing for both the past participants in the rodeo shows and also for those who benefit from the proceeds of these events. But, if the name has been registered by someone else, you would need permission to use it.

Since this individual had his lawyer contact you, it would be a good idea if you replied to the lawyer and in that reply, ask the lawyer why you cannot use the name and tell the lawyer that you registered the name and you were not informed at that time that someone had already registered that name. And, if that is the case, would he please send you proof that his client registered the name, otherwise you will continue to use it in accordance with your registration of that name. Then, see what, if any proof, the lawyer sends you.


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