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View Full Version : Am I wrong or right?


mow2nd
03-15-2009, 05:46 PM
ok, long story short. Brought in a friend of mine to help out with business. We worked together for about 6 months, and things didnt work out. After about a month apart I found out he was using my business name for his business. I confronted him and he told me he was making the name change the next week. However another month went by and a customer emailed me about some services that I did on her lawn. I told her that wasn't from me but my old friend. Anyway, he is mad because she is not paying because I told her that he was using my business name without my concent. Now he wants to take me to court. Just wondering what you guys thought.

PS. she goggled my business name and that is how she got my contact information.

ambersLawnmowing
03-15-2009, 06:06 PM
Bust his legs.... After that inform him that he needs to change his name. If you infact had the Name before him and can prove it then he is in the wrong. If you came up with it while he was with you, then there maybe a problem.

mow2nd
03-15-2009, 06:17 PM
No I had the name long before I brought him in the picture. I just don't understand how he can use my name, generate business and then when the customer contacts me to question the services my company did on her lawn. He thinks he can sue me. I said no ma'am that wasn't me who worked on your lawn, so she told him she wasn't going to pay because she looked up my business and noticed it was family owned and licensed. Which is why she used him in the first place because she thought she was getting us. Is this crazy or what?

ambersLawnmowing
03-15-2009, 06:21 PM
If they are the same names, i would have had the lady send me the check. Then cashed it and put it in my account... LOL... He cant sue you, But i would SUE the heck out of him. Plus i would have a new customer out of this deal..LOL

HOOLIE
03-15-2009, 06:25 PM
He may be able to have the same exact business name, depending upon how your business is registered. But basically this boils down to a case of 'mistaken identity'. He did work for customer who is not paying him. The fact that she called you is really irrelevant.

I would look into how to protect your business name down there with the state, and in the future, any such calls I would simply respond that there is another company in the area with a similar name and you need to call them. Don't criticize or offer commentary on his company.

mow2nd
03-15-2009, 06:27 PM
I'm not sure on what grounds he has to sue. If he tried this with a big company like Nike they would fry him. It would be like him selling a shoe that he put nike on, then when the customer calls Nike about the shoe, they have no idea what shoe she is talking about. That's what happend to me.

mow2nd
03-15-2009, 06:30 PM
He may be able to have the same exact business name, depending upon how your business is registered. But basically this boils down to a case of 'mistaken identity'. He did work for customer who is not paying him. The fact that she called you is really irrelevant.

I would look into how to protect your business name down there with the state, and in the future, any such calls I would simply respond that there is another company in the area with a similar name and you need to call them. Don't criticize or offer commentary on his company.


I will say I never said anything bad about him other than I'm sorry ma'am you have the wrong guy and that she needed to call the number on the flyer. Once she figured out what had happend, she decided not to pay.

STIHL GUY
03-15-2009, 06:34 PM
sue his a$$

mow2nd
03-15-2009, 06:49 PM
sue his a$$



lol.......this sucks, i mean we've been friends for a long time. i just can't believe he put me in this spot.