Judge dismisses Clearinghouse name challenge
Friday, November 08, 2013 10:00 AM
Jefferson County Circuit Court Judge Darrell Auxier dismissed a Dearborn County nonprofit's complaint for injunction Wednesday against River Valley Resources.
The complaint stemmed from the name of River Valley Resources' program, the Clearinghouse Project.
The Dearborn County Clearing House for Emergency Aid filed suit in early September claiming the Clearinghouse Project must be a registered named with the Indiana Secretary of State. The complaint went on to say that the similar program names could create confusion on grant applications.
The Dearborn County agency cited an Indiana statute that requires nonprofit corporate names be distinguishable and registered with the Indiana Secretary of State.
Auxier ruled that because River Valley Resources is the registered corporate name and parent organization of the local Clearinghouse Project, there is no violation of the cited statute because River Valley Resources is clearly distinguishable from the Dearborn County Clearing House for Emergency Aid.
Furthermore, while the Dearborn County agency filed an assumed name certificate with the state to operate under the assumed name "Clearinghouse," Auxier ruled that state statute does not require a nonprofit corporation's assumed name be distinguishable from another nonprofit corporation's assumed name.
The Dearborn County agency has 10 days from the ruling to amend its complaint, if they choose.