I was under the impression that in the aftermath of the Lockerbee bombing, Pan American World Airways went bankrupt and disappeared. Did Guildford or someone else in the meantime, purchase the rights to the Pan American name from its creditors or what or whomever would have had a right to?
Not being very astute in corporate manipulations, I thought that once a company goes bankrupt (past the reorganization phase, when it just simply folds up), the name as well as the goodwill as well as the assets essentially goes up in smoke and cannot be retrieved since there are no "surviving" creditors. In that case does it go into the "public domain" and if so, how is the "rights" to the name of the failed company legally transferred to some other company wishing to use that name.
My interest in this issue has been sparked in this thread because of my planned "proto-frelance" model railroad time-frame scenario where an abandoned "fallen flag" is resurrected and reconstructed over the route of the original railroad due to changed (better) traffic conditions at the later time frame after decades of abandonment, where a new company has done this, wishing to restore and preserve the former name as a "heritage" tipping its hat to the original.
Obviously, "modelers's license" allows a hobbyist to create any freelance scenario (though recent UP and other lawsuits on model railroad manufacturers seem to place a damper on that assumption?), but in my case of a "proto-freelance" model railroad, where one assumes a "what if" (or more specifically in my case, "a few years ahead in the future" time frame for a model railroad based on a ficticious prototype as having been reconstructed from an original abandoned prototype, how would the legalities be affected of such a "new" prototype company using the name of the original prototype company, and what would be the implications (for reasonable relevance in the prototype world) of my planned layout to use my desired railroad name in creating a "history" for my model railroad, as a representation of my "new" ficticious reconstructed prototype railroad?
I have already created such a "history" of what, how, and why my planned layout would represent as a "new" ficticious prototype from the abandonment of the original, through to the new energy situation in the world which would have created the need to reconstruct it "in a few years ahead in the future". I guess the one thing I have possibly missed in the "history" process is would my desired name to keep the original falen flag: ie, would I as a new prototype company be able to legally use the name of the original "fallen flag" prototype railroad? Would I have to revise my model railroad "history" on account of legal impediments in the prototype world?
Sincerely,
Vytautas B. Radzivanas
Perth, Western Australia