Protecting a name

[JayB]

I belong to a dance team and recently the team fired the coach for various reasons. We told him that he could stay on as a member of the team, but we didn't want him as coach anymore. He didn't like that idea, so he quit the team and started his own team, taking a few members of the original team. He also decided to take the team name and all the routines with him and says we can't use our name anymore because he's using it now. Our team has had this name for 7 years and now he's trying to take it away from us. He has filed a DBA at the local courthouse for the name, but the clerk at the courthouse told me that doesn't protect a name, it just registers it for a DBA account. If our team wants to protect the name, do we have to incorporate it, and will that keep the other team from using it? Any help would be appreciated. Thanks.

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[ALawyer]

A letter from a lawyer telling him that the name was not his and if he uses it it amounts to the equivalent of theft and he will be sued would do the trick. ANd be a lot cheaper than

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[JayB]

Originally posted by JayB:
I belong to a dance team and recently the team fired the coach for various reasons. We told him that he could stay on as a member of the team, but we didn't want him as coach anymore. He didn't like that idea, so he quit the team and started his own team, taking a few members of the original team. He also decided to take the team name and all the routines with him and says we can't use our name anymore because he's using it now. Our team has had this name for 7 years and now he's trying to take it away from us. He has filed a DBA at the local courthouse for the name, but the clerk at the courthouse told me that doesn't protect a name, it just registers it for a DBA account. If our team wants to protect the name, do we have to incorporate it, and will that keep the other team from using it? Any help would be appreciated. Thanks.

Thanks for the reply. What would keep him from sending a letter to us stating the same thing; that we couldn't use the name and threatened to sue us? Is it basically who does it first? And even if we send him a letter stating that he will get sued if he uses the name, can he go and incorporate the name at that point and make it legal? Some additional information. This guy has 2 lawsuits (that I know of) pending against him and he doesn't really care too much. He doesn't work, he has a wealthy grandmother who pays his bills and gives him money to play with. He is waiting till she passes away and he will get a large inheritance to play with the rest of his life. So at this point, he really doesn't care about screwing people around to get what he wants, and unfortunately, we are in the middle of one of his games. One more question; are there different types of incorporation, i.e. based on cities, areas, etc.? Any help would be appreciated. Thanks.