What happens when a Corps folds?

[BRASSO]

11 hours ago, Cuban said:

Hey guys.  Curious to those who have sadly ever been intimately involved in the dissolving of a Corps. Particularly Im curious about the whole Non Profit Corporation side of things.

What happens to things like the corps Name and logo?  Is that kind of thing always trademarked? Who holds that information and is it available for the public to see?

I know assets are usually liquidated (or at least Ive always assumed so) but who handles said liquidation?

If someone unrelated wants to use the name for a new group can they do so?  I know obviously you wouldn't allow someone to bankrupt their group and then just attempt to start fresh but can a stranger apply to gain a trademark?

What happens with the debt that a group had when they folded?  Does it just stay and prevent the use of that organization essentially forever? 

If the current management of a folded group is not forthcoming with information like remaining debt is it possible for the public to see exactly what the dollar amount is owed?  Who would you approach for that information if the current management will not answer questions?

This comes from a place of curiosity in regards to reviving a long dead corps and especially when the people claiming to "operate" the remains do not give out any information.


Thanks friends.

 Courts and bankruptcy Judges have been known to disallow a Corps in Chapter 11 reorganization to utlize the name of their Corps. This is what happened to the Boston Crusaders for a period at the end of the 1982 season, for example. The Corps was stripped of its Name, " the Boston Crusaders " by a Bankruptcy Court in Boston, and was disallowed from utilizing the name. The Corps complied ( did not quit, throw in the towel ), went out with the Name " Boston Drum & Bugle Corps " for 3 years, staff taught mostly without compensation to help keep the Corps alive, 'got their Financial house in order, went back to Court, convinced the Court they had addressed their owed financial debts to creditors satisfactorily in the interim and the Court relinquished its Name Demand on the Corps, and Boston reclaimed their name " Boston Crusaders ".

Edited May 7, 2019 by BRASSO

[George Dixon]

Vultures descend and pick at the dead corpse 

Finger-pointing

equipment disappears 

just a few of the many sad possibilities!

 

[84BDsop]

1 hour ago, BRASSO said:

 They started up a Drum Corps there called the " New 27th Lancers ",  several years back, and there is nothing to prevent them there from utilizing that name and playing whatever they want in music ( the Corps is even currently depicted on You Tube. and has been for years now.  )

And they aren'y too bad, really.  Did a credible job with the 84 BD closer "Like a Lover," in fact.

 

https://www.youtube.com/watch?v=MBSHv4Zl9Fc

Edited May 7, 2019 by 84BDsop

[Rocketman]

But, they are in the Philippines. Pretty sure nothing here applies there. 

[Tim K]

4 hours ago, Jeff Ream said:

I have seen some donated to historical societies, offered up to members free or raffled....I know in 2010 the Westshoremen donated a ton of old trophies, pictures, uniforms and more to the Cumberland County Historical Society. in 2016 we had a celebration for alumni and they were kind enough to let me borrow 3 major trophies for the event, which was cool because i was able to get a picture of Dad holding the AL trophy he won and the DCA trophy I won.

 

Sadly some gets pitched. I know band directors that raffle off old trophies to alumni to raise $$ for boosters AND clean out space in the band room/hallway display cases you name it.

And in some cases, they go into storage in some unknown nook in a church basement, all but forgotten until an asbestos inspection.

[lowend]

7 minutes ago, Tim K said:

And in some cases, they go into storage in some unknown nook in a church basement, all but forgotten until an asbestos inspection.

I feel like there's a story behind that.

[KeithHall]

My old corps dissolved in 1977 but the former director still controls the name 40 plus years later

[exitmusic]

14 hours ago, Cuban said:

 

Well when an organization officially announces its been "dissolved" how can the public actually confirm that?  

At what point does it mean someone CAN when they are not transparent about what the actual financial situation is or whether or not a new nonprofit owns trademarks or copywrites?

You can search the state database to see whether the corporation still exists. Google "[state] entity search". Every state has its own system.

As for trademarks, you can search: http://tmsearch.uspto.gov. Click on "Basic Word Mark Search" and see what comes up.

[exitmusic]

14 hours ago, cixelsyd said:

I can answer this one.  If there are still "people" operating the organization, then it is not dead.  And just because they choose not to field the drum corps that was formerly part of that organization, does not mean you can do it instead.

Disagree. The only thing that matters is whether the underlying entity still exists. Whether someone says they are "operating" the organization or not doesn't really matter. 

[exitmusic]

10 hours ago, BRASSO said:

 I do know that copyrights and music licensing rights, name rights are not recognized in all Countries. For just one example of this, no Corps could start a Drum Corps in the US or Canada with the name " The 27th Lancers ", nor a name close to that.. This name is legally not allowed to be utilized without the expressed permission of its owners of that name.. even though this former Corps has not existed for decades. Whether or not there  is a Statute of Limitations in the US for such name preservation, I'm unsure of.( Perhaps others might know)

 

Completely, 100% untrue. I could start The 27th Lancers Drum and Bugle Corps, Inc. tomorrow morning in, say, Idaho or Hawaii or Arkansas, and legally it would be fine. It would #### off a lot of people, but it would be legal.

Interestingly, Denise Bonfiglio personally owns the trademark on "THE 27TH LANCERS FOUNDATION," but only as it applies to sweatshirts, and not as it applies to drum corps or marching bands.