Cuban

What happens when a Corps folds?

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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.

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5 hours ago, Cuban said:

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.

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.

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1 minute 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.

 

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?

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I am no expert, but I think there are some sort of public records on corporations (nonprofit or otherwise) that would be updated to reflect the dissolution of the entity.  But dissolution is rare.  Usually, the organization fades into the mist either due to total inactivity, or because they left unpaid debts behind.

Is there a particular corps you had in mind?

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Regarding corps names, I think the best answer could be “it all depends” and the depends could be the name, the lawyer, and the intent of those who want to reuse the name. The choice of a lawyer and how the lawyer handles the case would be key. In the historical threads you may find information regarding 27th Lancers facing this issue, and even though the case was decided favorably for 27th Lancers founder, there are others who pointed out why the opposing side had a valid case too. 

When it comes to assets, if a corps has gone bankrupt, debtors could probably place liens on assets. Assets could also be auctioned off to pay bills. If there are no outstanding bills when a non profit dissolves, the easiest thing to do is give the assets away. The assets could be sold, but the funds collected cannot go in anyone’s pockets. Not too long ago I read about a rugby organization that folded. They owned a vehicle and it was sold, and players on the team were awarded scholarships with the money. The scholarships were probably not huge amounts, but I’m willing to bet it had to do with non profit status and preventing accusations of crime,

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Where do the trophies and awards go?

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1 minute ago, mjoakes said:

Where do the trophies and awards go?

If they won any.

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1 hour ago, mjoakes said:

Where do the trophies and awards go?

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.

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57 minutes ago, Jeff Ream said:

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.

If space is genuinely an issue, I like this idea. Maybe a single plaque with plates can still document historical accomplishments.

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 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)

 But as I stated, not all Countries recognize US Copyrights and Music Licensing Laws. As such, a Corps abroad in such a Country could indeed start up a Corps And call them themselves the " 27th Lancers "  or the " New 27th Lancers " or any name  they want and indeed play whatever music they want, and not pay a dime to any holder of that music licensing rights. And thats precisely what happened in the Philippines. 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.  )

Edited by BRASSO

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