Dilemma....

[DanaMac]

Well I have an interesting problem. There is a local company with a very similar name and very similar logo to mine. They have been doing installs, partial installs where owner finishes, service/maintenance, and design (I believe). I have gotten a few service calls for their customers, and I know for a fact they have serviced some of my customers as well. I have actually sent a few of these calls back to them, telling the customer to give them a call instead since they had been happy with their service. I have never met any of the folks from this company.

Now comes the problem. They have just opened (or are in the process of opening) a residential supply store at a major intersection in town. I have already had 3 customers ask how my new store was doing or if it was mine. They have a sign up out front, and even Tom called me last night mentioning how similar our logos are. I am pretty sure I have been in business longer than these folks, and have had the logo since 2000 I believe. Maybe longer. I am concerned that I will lose some business because of the similarities.

I have been contemplating contacting them and explaining my concerns. Not really looking for any real solution or compensation (yet). I know there could be legal issues I could fight over, but that will get expensive (although I haven't ruled it out). But I had also heard from another company, that one of the service techs from this similar company had applied for a job because this company was going to stop doing service work and he was out of a job.

It is really starting to eat at me, which is why I'm up at 1:55 writing this. Any thoughts or similar stories? I don't want to be petty and whiny about it, but I want to protect my business and not lose existing customers to them. Heck, if they are a LawnSite member and are reading this, please contact me about this.

[lifetree]

It sounds like you've already given considerable thought to what you're options may be in this situation ... just pray about it and be guided accordingly !!

[AI Inc]

Maybe a letter to your customers with billing explaining the situation would help.Also make sure all your controllers have a service sticker .

[FIMCO-MEISTER]

Are you happy with your logo? Little expensive but done over time maybe a logo change. Something that sticks out separating you two.

[bobw]

Just how similar is their name to yours? Did you register the use of your name? That would give you a very strong leg to stand on.

[DanaMac]

Just how similar is their name to yours? Did you register the use of your name? That would give you a very strong leg to stand on.

Very similar. Yes I registered it. and we are both incorporated.

[DanaMac]

Are you happy with your logo? Little expensive but done over time maybe a logo change. Something that sticks out separating you two.

Logo could be changed. But I guess I feel I shouldn't have to.

[FIMCO-MEISTER]

Speaking of which. I went to get a copy of my dba and discovered it needs to be registered every ten years. Somebody could have taken my company name since I had not registered it for 15 years. May be a TX thing.

[DanaMac]

Just how similar is their name to yours? Did you register the use of your name? That would give you a very strong leg to stand on.

My company name is Sprinklers Etc., Inc.

Take out one three letter word, and there you have it.

[FIMCO-MEISTER]

Logo could be changed. But I guess I feel I shouldn't have to.

Gets to the age old question. Are we trying to win or solve a problem? I doubt they will make any changes. Let's try to get in their mind set. What they see from the logo similarities is more advertising for their retail location. They seem to have figured a way to capitalize on the logo similarity. Just a guess.

[FIMCO-MEISTER]

Maybe add "THE ORIGINAL" to your trucks in a bold different typeset.

[DanaMac]

One thing I hadn't thought of until my GF mentioned it. I was worried about the business I could lose. But what about the backlash or business I could gain if they fail? Could help or hinder me.

[FIMCO-MEISTER]

One thing I hadn't thought of until my GF mentioned it. I was worried about the business I could lose. But what about the backlash or business I could gain if they fail? Could help or hinder me.

For better or worse you also might get their reputation as well.

[Wet_Boots]

The problem is, you aren't the first guy who ever thought of the swell idea of using the word "sprinklers" in the name of their sprinkler business, so your ability to prevent anyone else from doing the same is probably nil. It's likely that you will need to register a trademark in order to possess the legal high ground in the event of a dispute over names.

[DanaMac]

The problem is, you aren't the first guy who ever thought of the swell idea of using the word "sprinklers" in the name of their sprinkler business, so your ability to prevent anyone else from doing the same is probably nil. It's likely that you will need to register a trademark in order to possess the legal high ground in the event of a dispute over names.

I know. There are a few companies with the name Sprinklers XXXX. Even Tony was Sprinkler Solutions. BUT you drop the Etc and get a similar logo to mine and there you have it. I know legally I probably wouldn't have a leg to stand on.

I had one of their customers swear we blew out the system, until she found her receipt and realized the mistake. And they still had freeze damage which could be a warranty issue. So it's a PITA to deal with it over the phone.

[bobw]

I'd say document every incident of customer confusion. That can certainly help you if you ever do get in a legal fight over the name usage.

At this point, I'm sure that they are pretty committed to their name, especially if they're building a retail front.

Maybe you need to seriously think about changing your name. A letter to your customers, explaining the reason, would help get them moved over; find out what the print deadline is for the yellow pages and/or any other advertising you do and try to time it well for all that.

[Tom Tom]

The other guys' logo is very similiar to Dana's. I'd say he copied Dana's.

[Wet_Boots]

Oh, I'm assuming it's a clear copycat situation, but there's a burden in time and expense in distancing yourself from a copycat competitor, and part of the problem is that you have an entire nation to consider, when you look to trademark something, so it could be that someone a thousnd miles away got there first.

And if this copycat is going to stop doing service, then they might just fade away on their own.

[hoskm01]

Ask nicely first, get ugly next. If both name and logo are that similar, I'd suspect intentional infringement.

[Wet_Boots]

Ask nicely first, get ugly next. If both name and logo are that similar, I'd suspect intentional infringement....and if they go and get a registered trademark on their logo first, you could be dead in the water. Gotta pay to play the ugly game.

[irrig8r]

I just looked you and them up with Google. You are easier to find than they are. Maybe that's because your url and business name are essentially the same.

Their url, OTOH, is completely different from their name. Why didn't they use that name unless they are intentionally trying to confuse the public and ride on your coat tails?

Hmmmmm...

[Bruiser]

Their website was registered Apr 11, 2006. Yours was registered 14-Dec-99.

[SprinklerGuy]

Well I cannot seem to find the other company when I do a search.....

Could it be "sprinklers inc?"

;)

[Mike Leary]

A good example of not having a possible "generic" name.
Mine was last name and "irrigation services".
We had a company go retail to the public years ago, wrecked everybody's
market; not mine.

[DanaMac]

A good example of not having a possible "generic" name.
Mine was last name and "irrigation services".
We had a company go retail to the public years ago, wrecked everybody's
market; not mine.

My last name gets butchered as it is. Pronounced or spelled. Didn't want to go the name route. Thought it would be better for down the road when I want to sell the business. trying to create a business outside of just me or my personal name. Something that can be transitioned easily to a new owner. Whenever the hell that may be.

I'm probably making this out to be more than it is. But then again, maybe not..... time will tell. There is another company in town that did the same thing many years ago. I think they combined 2-3 companies and started the store. Tony would know more than me, I think they subbed some work to him.

[AI Inc]

There is an Advanced Irrigation in the Seattle area. I have gottwen online service requests from his customers before.

[DanaMac]

I also know that when SprinklerGuy moved here, he kept his name of Sprinkler Solutions. There is also a Sprinkler Solutions of Colorado somewhere north of here - Denver, Loveland, somewhere but don't remember. Different market. Not a problem in my opinion.

[WalkGood]

Before you even contact the other company, talk with a lawyer that specializes in these types of matters. You could call your local Bar Association for a referral. Most likely the first consultation is FREE.

[Mike Leary]

There is an Advanced Irrigation in the Seattle area. I have gottwen online service requests from his customers before.

They are the premium player over there..big company, do the whole
meal deal.

[DanaMac]

Just a little update. I mentioned this company starting their retail shop, but not sure if I mentioned that the building was possibly going to be condemned for an over pass at this major intersection from what I heard. Well guess what? http://www.gazette.com/articles/city_36300___article.html/property_anderson.html

Looks like the problem may take care of itself. Or maybe they'll just move. I don't know. I have had other people recently ask about this particular company.