87-208. Terms, defined.

257 words·~1 min read·/ne/chapter-87/87-208

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in sections 87-208 to 87-219.01 , unless the context otherwise requires:

(1)Applicant means a person filing an application for registration of a trade name under such sections or his or her legal representatives, successors, or assigns;

(2)Person means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, unincorporated association, or two or more of the foregoing having a joint or common interest or any other legal or commercial entity;

(3)Registrant means a person to whom registration of a trade name under such sections is issued or his or her legal representatives, successors, or assigns; and

(4)Trade name means every name under which any person does or transacts any business in this state other than the true name of such person.

"Denali Custom Builders" was a trade name of appellant Denali Custom Builders, Inc., because it was used on signs and advertising in transacting business but was not the true name of appellant. Denali Real Estate v. Denali Custom Builders, 302 Neb. 984, 926 N.W.2d 610 (2019).

Under this and succeeding sections, right to use trade name and to prevent its use by another may be obtained by registration or adoption without recording it, but where parties had adequate remedy at law for damages and failed to show irreparable injury, neither was entitled in private antitrust action to injunction against use of certain name for buildings handled by them. Morton Buildings of Nebraska, Inc. v. Morton Buildings, Inc., 333 F.Supp. 187 (D. Neb. 1971).