Sounds perfectly legal to me. You may also want to trade mark the term, AND register its domain name, just to completely **** him off. Of course, he may have let it lapse because he s planning to get out of the business or change names. :)The problem is, if he s actually in the business, and you re NOT really in the business, just to annoy him, then the judge may decide that he really DOES own that trade name after all, and order you to give it back. But does he have enough $$$ to spend on lawyers? Or will he just pay you $$$ to go away? Hmmm... Risks and potential gains...
If he wanted to pursue it, he might be able to make a case with a judge that he still owns that name. So you might go through all of this for naught.Why are you letting him control your life this way? What sort of hold does he have on you that it keeps you from running your business and running all over town wasting time trying to irritate him? I can t see the benefit to you.But, it must be very, very important to you to get this done or you would not be expending so much time, thought, and energy on it. Good luck.