Re Filing an UCC1 in your State:
Q: I have not filed a UCC-1 with the State of X. Is this a necessity? Do I send a invoice with my public notice?
R: No invoice necesssary.
This is an analogous story, I lost my dog in Chicago and so when I was in New York I filed a public notice in NY in case anyone saw my dog. Does this make sense?
Not if you want people in Chicago to take notice. How ever if you put an ad in the newspaper in Chicago saying, “Did you see my black dog lost in Chicago see pic – ‘Click Here’ whereas it takes them to a picture you posted on the net in NY. Would that work? Yes, because you make the connection from a Chicago posting in the newspaper to a picture posted on the net in New York.
Likewise IF I posted your UCC1 filing in XSTATE [hypothetically] – the only way people in Chicago are going to connect to the filing in XSTATE is if you post a public ad in a Chicago newspaper linking the two together. If you did fine – you have the linkage and can prove it IF you kept the records or each issue of the paper it was posted in or alternatively an affidavit by the newspaper establishing that fact.
If you didn’t and you didn’t file an UCC1 locally in Chicago – then there is nothing to link back to what was filed in XSTATE. Referring to the dog example why would anyone look up a public filing in New York if your Straw man’s residence is in Chicago. We filed in XState because we knew it would get accepted as a backup should you not be able to file successfully in ILLINOIS.
In otherwords ‘they’ have no idea of who you say or think you are if there is not a public posting in your ares or a link to where there is a posting. Futhermore if you did not post it publically it has not passed the crdibility test – giving other parties who have an interest in said FULL CAPS NAME an opportunity to contest what you are asserting in the copyright-name public notice.
If you did fine. In either case one option is to send a notice directly [the copyright-public notice] to whoever is tresspassing on what you claim is for your use only – the use of your vehicle in commerce, your LEGAL NAME.
Hope that helps
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