STAND. COM. REP. NO. 970

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1080
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred H.B. No. 1080, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO THE NAMES OF CORPORATIONS,
     PARTNERSHIPS, AND LIMITED LIABILITY COMPANIES,"

begs leave to report as follows:

     The purpose of this measure is to establish procedures under
which a corporation, partnership, limited liability partnership,
or limited liability company may obtain administrative relief
against an entity that has registered or is using a name that is
substantially identical or confusingly similar to the name of the
corporation, partnership, limited liability partnership, or
limited liability company.

     The Department of Commerce and Consumer Affairs (DCCA)
presented testimony in support of the measure.  The Hawaii Bar
Association's Business Law Section, though not present at the
hearing, submitted written testimony in support of the measure.
 
     This measure provides businesses the opportunity to resolve
business name disputes through DCCA's administrative hearing
process.  Specifically, the bill allows a business to file a
petition with the Director of DCCA for an order of abatement for
infringement of the business' name and allows an appeal from the
Director's order to Circuit Court.  Your Committee finds that
this process would be more expeditious and less costly for
businesses than litigation. 

 
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                                   STAND. COM. REP. NO. 970
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     Your Committee has amended this measure by replacing its
contents with the contents of S.B. No. 1142, S.D. 2. which are
substantively similar, except for technical differences. 
     
     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1080, H.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 1080, H.D. 2, S.D. 1, and be referred to the
Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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