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GHRA/TRA MEMBER ALERT – Assumed Name Letter
 
An attorney by the name of Mina Brees out of Austin has sent letters to a number of businesses informing them that the company she represents, “Chicksports Inc.”, has reserved the assumed names of the business that is the target of the letter. Ms. Brees is listed as the President of Chicksports on the Comptroller’s website. The letters I have seen demand $20,000 to $25,000 to purchase the reservations rights to the assumed name.
 
DO NOT PAY without consulting legal counsel.  In all likelihood you will not need to pay this attorney to continue to operate under your trade name.  The assumed name statute and assumed name records don't do anything material from a legal standpoint.  The records publicize the association of a business name with an individual or entity.   The assumed name statute says clearly that there is no need to file an assumed name if your corporate name is your business name, and that nothing in the assumed name statute has any impact on unfair competition (i.e. trade name) claims, where first usage generally prevails over everything else.
 
Glen Garey
General Counsel
Texas Restaurant Association
P.O. Box 1429
Austin TX 78767-1429
Phone: 800-395-2872 (457-4100 in Austin)
Fax: 512-472-2777
Email: g2@tramail.org <mailto:g2@tramail.org>
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