Response to Member Question Regarding Trade Names
We are aware that the Friends of Waukewan and Winona Association registered our trade name with the Secretary of State.
In New Hampshire trade names can arise in one of two ways: (1) registration with the Secretary of State, or (2) through a pattern of use creating a common law right to the name. The names were first raised in board minutes in the spring of 2011 and publicly used in the notice of our annual meeting last year. In fact, it was not until after this Association’s annual meeting July 9, 2011 where the name was adopted by our members that Friends applied to the Secretary of State for the same names in what some might view as an entirely disingenuous endeavor.
When we learned of Friends’ registration, we investigated whether or not we should stop using the name. That investigation revealed that our common law use of the name predated their filings.
Based upon that information we considered whether we should bring an action in Superior Court to reaffirm our right to use the name. We elected not to since we believed that our resources were better spent to preserve the watershed.
We are unaware of any confusion among watershed residents with respect to our name except those who are members of Friends who keep trying to conduct a self-serving, conversation with themselves in a “trial by newspaper.”
In light of our prior historical use of the name we will ask Friends to relinquish their registration to us. We will be happy to prepare the necessary documents in order to do so.
In New Hampshire trade names can arise in one of two ways: (1) registration with the Secretary of State, or (2) through a pattern of use creating a common law right to the name. The names were first raised in board minutes in the spring of 2011 and publicly used in the notice of our annual meeting last year. In fact, it was not until after this Association’s annual meeting July 9, 2011 where the name was adopted by our members that Friends applied to the Secretary of State for the same names in what some might view as an entirely disingenuous endeavor.
When we learned of Friends’ registration, we investigated whether or not we should stop using the name. That investigation revealed that our common law use of the name predated their filings.
Based upon that information we considered whether we should bring an action in Superior Court to reaffirm our right to use the name. We elected not to since we believed that our resources were better spent to preserve the watershed.
We are unaware of any confusion among watershed residents with respect to our name except those who are members of Friends who keep trying to conduct a self-serving, conversation with themselves in a “trial by newspaper.”
In light of our prior historical use of the name we will ask Friends to relinquish their registration to us. We will be happy to prepare the necessary documents in order to do so.