In the Matter of a Mail Dispute Between:

 J. STANTON KECK, President, GRAPHIC DISPLAY SYSTEMS,
 A DIVISION OF NORTHWEST INDUSTRIES
 and
 DENNIS A. MORONI,
 President, GRAPHIC DISPLAY SYSTEMS, INC.  

 P.S. Docket No. MD-95

 8/31/90

 Brochstein, David I., Administrative Judge

 APPEARANCE FOR DISPUTANT KECK: J. Stanton Keck, Graphic Display Systems,
 A Division of Northwest Industries, P.O. Box 4171,
 Bellevue, WA  98009-4171 

 APPEARANCE FOR DISPUTANT MORONI: Dennis A. Moroni,
 Graphic Display Systems, Inc.,
 14418 NE 173rd Street, Woodinville, WA  98072-9286

This mail dispute proceeding was docketed in accordance with Domestic Mail Manual (DMM) § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. The mail in dispute is that addressed to Graphic Display Systems at 14150 NE 21st Street, Bellevue, WA 98007-3719. Mr. Keck has filed the submittal required by § 965.5 of the Rules of Practice (39 C.F.R. § 965.5).n1 Mr. Moroni has made no submittal and, therefore, may be held in default under § 965.7 of the Rules.

n1 Mr. Keck marked a portion of his submittal "confidential" and requested that such portion not be forwarded to Mr. Moroni or otherwise released. The designated portion was not sent to Mr. Moroni, but was also not considered in drafting this decision.

1. Disputant Keck is the president of Northwest Industries which operates a division named Graphic Display Systems at the address in dispute.

2. Disputant Moroni is a past sales agent of Northwest Industries and is the president of Graphic Display Systems, Inc., a corporation which was formed in January 1990 and which, for a time, operated from the same address.

3. The Graphic Display Systems division of Northwest Industries predates the formation of Graphic Display Systems, Inc.

4. Disputant Keck has filed a complaint with the City of Bellevue Police Department alleging that Disputant Moroni has been obtaining mail and checks contained therein intended for Disputant Keck's company. Disputant Keck has requested that mail addressed to Graphic Display Systems be held by the Postmaster or released to the proper authorities pending the resolution of his complaint.

Disputant Moroni is in default in this proceeding.

In addition, where there is a dispute between organizations with the same or similar names, and where there is doubt as to the intended recipient of mail, delivery is made to the party first adopting the name. Vol. I, Opinions of the Solicitor of the Post Office Department, p. 930 (1884).

In this instance the name Graphic Display Systems was first used by Northwest Industries. Accordingly, mail addressed to Graphic Display Systems at the address in dispute should be delivered as directed by Disputant Keck, the president of Northwest Industries. DMM § 153.51.

Resolution of this mail dispute determines only the right to delivery of the mail. It does not determine the question of ownership. If Mr. Keck receives mail intended for Mr. Moroni he should see to it that the mail is forwarded to the correct destination.

The attached mail delivery instruction to the Postmaster should be issued.