From: jfw@neuro.duke.edu (John F. Whitehead)
Newsgroups: misc.legal
Subject: What is a business name worth?
Date: 17 Dec 92 17:26:30 GMT
Distribution: usa
Organization: Duke University; Durham, N.C.

I was a partner in a business (a musical group) but am no longer in it. 
The others want to keep the name, but I don't want to see the band I
co-founded continue with the name that I feel belong to me.  How can I
get them to stop using the name, or how much should I get them to
compensate me to keep the name?

Background:
     In 1989 Mr "Able" and I founded a band.  We picked a name, the
"Stinking Rats", inspired by a name Mr Able used in a band in high
school (the "Incredibly Stinking Rats").  We performed as a duo for two
years and made an album.  In 1991 we added Mr "Baker" to the lineup, and
in 1992 formed a legal partnership.  We understood that the three of us
co-owned most of the property since we had all invested in it equally,
but had no written contract.  The only written item we have is the
partnership form registered with the county with all our names on it. 

     In September, when I was not performing with the band due to
injuries received in a biking accident, Mr Able and Mr Baker hired Mr
"Charlie" to fill in for me.  Soon they decided to kick me out of the
band (without even discussing the issue with me) in favor of Mr Charlie
and a fourth member. 

     I contend that because I was a founder, put in several years of
service, and was a legal partner, they cannot use the name "Stinking
Rats" without my permission.  It sickens me to see the band I worked so
hard to promote now is going on without me, against my will.  I think
that I am at least a 33% owner of the name as well as the physical
property (the latter for which they have agreed to compensate me) and
should be able to either prevent them from using the name or be
compensated for it. 

     Mr Able contends that since he suggested the name, he shouldn't
have to give it up.  Since he won't change the name, what can I do?

     -  How much is the band name worth?  I don't know what to ask for
	(I think I should say, "pay me this or I'll see you in court")
	Is a percentage of earnings fair?  How much?  Or how much if a 
	lump sum?

     -  Do I need a lawyer, or can I get some sort of court order on my
	own to get them to cease using the name?

     -  If I get a lawyer, would he or she charge standard rates, or a
	percentage of whatever the band gives me?

     -  I am still legally on the county's books as being a partner.
	I need to be taken off the books (so I won't be liable for
	taxes or auto accidents in the band's name, for instance), but
	I have resisted until we resolve this issue because I don't 
	want them to go and form a new partnership using the old name.
	Is this wise, or should I remove my name?  Should I register the
	name as a trademark (service mark) to prevent them from using it?  
	I just feel that having my name still on the books makes my
	ownership more valid, and if I take it off I may lose that 
	ownership.

Thanks a lot for any suggestions!

-- 
 ________________________________________________________________________
|   John      jfw@neuro.duke.edu          Duke University Medical Center |
| Whitehead   jfw@well.sf.ca.us           Department of Neurobiology     |
|________________________________________ Durham, North Carolina ________|
Newsgroups: misc.legal