Appeal of P.S. Docket No. MD-56 -- JOHN R. MARLER and SALVADOR L. GARZA


 In the Matter of a Mail Dispute Between:

 JOHN R. MARLER
 and
 SALVADOR L. GARZA

 P.S. Docket No. MD-56

 06/09/89

 Grant, Quentin E., Chief Administative Law Judge

 APPEARANCE FOR JOHN R. MARLER:
 John R. Marler, Pro Se,
 6351 Almaden Road,
 San Jose, CA 95120-2803 

 APPEARANCE FOR SALVADOR L. GARZA:
 Salvador L. Garza, Pro Se,
 5809 Winfield Blvd.,
 San Jose, CA 95123-2426

INITIAL DECISION

The parties claim the right to delivery of mail addressed to The Clone Factory (or Clone Factory) at 5765 Winfield Blvd., Suite 3, San Jose, CA 95123. Mr. Garza made a timely initial submittal pursuant to § 965.5 of the Rules of Practice. Mr. Marler failed to file an initial submittal but has filed late comments on Mr. Marler's initial submittal. These comments add nothing of substance to the evidence he submitted to the station manager (see Findings of Fact 3, below).

FINDINGS OF FACT

1. According to the letter of the Western Division forwarding this dispute, the mail in question is that addressed to The Klone Works, Inc.; The Clone Factory; Marfam Computer Solutions; and Computers for Christ at 5765 Winfield Blvd., Suite 3, San Jose, CA 95123. However, Mr. Garza's letter of April 28, 1989, forwarding his submittal states that he is claiming only mail addressed to The Clone Factory at that address. This decision is therefore limited to mail containing the name The Clone Factory (or Clone Factory) as the addressee at that address.

2. Mr. Garza's submittal shows that Mr. Garza incorporated The Klone Works, Inc., in January 1989 and that on the same date 1hat corporation filed a fictitious name statement showing that it is doing business as The Clone Factory at the foregoing street address. Other documents filed by Mr. Garza also show that he is the president of The Klone Works, Inc. d/b/a The Clone Factory.

3. Mr. Marler's undated letter on MarFam Computer Solutions letterhead to the Station Manager, Blossom Hill Station, San Jose, CA 95123, states that he is president of California Clone Factory, Inc., incorporated in December 1988. The letter acknowledges that Mr. Garza incorporated The Klone Works, Inc., on January 5, 1989, and that on the same date filed the fictitious name statement for doing business as The Clone Factory mentioned in paragraph 2, above.

DISCUSSION AND CONCLUSIONS OF LAW

Apparently the disputants were, prior to January 1989, connected as agents or otherwise with a business called Clone Factory at the street address in question. In December 1988, Mr. Marler incorporated California Clone Factory which, he argues, has the only legal right to the use of the name Clone Factory. As president of California Clone Factory he asserts the right to all mail addressed to Clone Factory.

Mr. Garza's submittal in this proceeding shows that he is president of The Klone Works, Inc. d/b/a The Clone Factory, formerly located at 5765 Winfield Blvd., Suite 3, San Jose, CA 95123. Mr. Marler's letter to the station manager not only fails to controvert that fact, but actually confirms it. He has submitted no persuasive evidence that he or his corporation has a superior right to the use of the name The Clone Factory (or Clone Factory). Therefore, under Domestic Mail Manual § 153.51, Mr. Garza as president of The Klone Works, Inc. d/b/a The Clone Factory has the right to direct delivery of mail addressed to The Clone Factory or Clone Factory at 5765 Winfield Blvd., Suite 3, San Jose, CA 95123. The attached proposed order should be issued.