May 17, 1991
In the Matter of a Mail Dispute Between:
HARRY MCCLELLAN
and
JOCELYN DOBRANSKY
P. S. Docket No. MD-115
APPEARANCE FOR DISPUTANT HARRY MCCLELLAN:
Lee Sinclair, Jr., Esq.
624 Market Avenue, North
Canton, OH 44702-1017
APPEARANCE FOR DISPUTANT JOCELYN DOBRANSKY:
None
INITIAL DECISION
The Office of Field Legal Services, United States Postal Service, Philadelphia, PA has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual §153.72 and 39 C.F.R. Part 965.
Both parties have filed submittals, not sworn as required by §965.5 of the Rules of Practice, but, nevertheless, adequate for consideration. The following findings of fact are based on such submittals together with documentation furnished to the postmaster prior to transmittal of the case to the Judicial Officer.
FINDINGS OF FACT
1. The disputants are Harry McClellan, 1333 Clarence St., NW, Uniontown, OH 44685-8213 and Jocelyn Dobransky, P. O. Box 278, Uniontown, OH 44685-0278.
2. The mail in dispute is that addressed to Country Crafters or Country Crafters Shoppe, 12909 Cleveland Avenue, Uniontown, OH 44685.
3. On June 19, 1989, disputant Harry McClellan and Sheila McClellan, as lessors, leased to disputant Jocelyn Dobransky and Nancy Watson, lessees, the premises at 12909 Cleveland Avenue, Uniontown, Ohio for the term July 1, 1989 through July 31, 1990.
4. The lease included the following provision:
USE OF NAME "COUNTRY CRAFTERS AND COUNTRY CRAFTERS SHOPPE"
(28) Lessors agree to permit the Lessees the use during the Lease term only of the name "Country Crafters" and "Country Crafters Shoppe." It is agreed by the Lessees that the Lessors are the owners for said names "Country Crafters" and "Country Crafters Shoppe" and that they shall not use said name in any way or manner except to identify the demised premises during the term of the Lease Agreement. At the conclusion of said Lease Agreement, Lessees agree to no longer use said name without the express written consent of the Lessors.
Lessees agree to maintain the name "Country Crafters Shoppe" for the demised premises for the craft related business throughout the term of this Lease Agreement.
5. During the term of the lease, disputant Dobransky and Nancy Watson occupied and did business at 12909 Cleveland Avenue as Homespun Treasures d/b/a Country Crafters Shoppe.
6. On November 20, 1990, following termination of the lease (July 1, 1990), Ms. Dobransky filed a change of address for mail addressed to Country Crafters at 12909 Cleveland Avenue, to a new address, 12930 Cleveland Avenue, P. O. Box 278, Uniontown, OH 44685.
7. On November 30, 1990, disputant McClellan filed a change of address for mail addressed to Country Crafters, 12909 Cleveland Avenue, to 1333 Clarence St., NW, Uniontown, OH 44685.
8. The present dispute which the postmaster and the Office of Field Legal Services have been unable to resolve, was generated by the conflicting change of address orders.
CONCLUSIONS OF LAW AND DECISION
Disputant McClellan and Sheila McClellan own the premises at 12909 Cleveland Avenue. The disputants agreed in paragraph 28 of the lease that the McClellans own the names Country Crafters and Country Crafters Shoppe and that disputant Dobransky and Nancy Watson were to use those names only during the term of the lease and not thereafter without the express written consent of the McClellans. The lease terminated on July 31, 1990. The McClellans did not thereafter consent to the use of those names by Dobransky and Watson. Therefore, disputant Dobransky has no right to direct the delivery of mail addressed to such names. Only disputant McClellan has that right.
This decision determines only the right to delivery of the mail in dispute, not the ownership thereof. Should disputant McClellan receive any mail clearly belonging to disputant Dobransky he will be responsible for forwarding it to her.
The attached proposed order should be issued.
Quentin E. Grant
Chief Administrative Law Judge