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WeedWhipper
02-27-2012, 05:10 PM
hey all, im not sure if this where I should post this but im looking for some help on what to do here. I have a business in our general location with the same name as us. I talked to my lawyer last year about and she said there was nothing to do about it. Well today I got a call about it and she's threatening me to sue over it. We are both registered with the state the reason we both passed was hers says Lawn and Snow. Do you think I should do anything?

205mx
02-27-2012, 05:14 PM
Depending on your name recognition power, I'd change my name. I did it and never looked back. Just talk to your current clients and explain to them you are changing your name. If you have door hangers or whatever- just go ahead and use them. If your number is on them, it doesn't really matter. BUT- pick a good name and push name recognition around town with your new business name,
Tyler

GMLC
02-27-2012, 05:34 PM
Technically the state screwed up and should have realized you both have similar businesses. Who ever registered first will win in court. It's the only fair way to decide. So if you registered first your good. If you registered second do the right thing and change your name.
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scotts lawn care
02-27-2012, 05:48 PM
Are the names the exact same? Hers has snow in it and your name does not? If thats the case then they are technically different.

White Gardens
02-27-2012, 05:54 PM
The only way I could see someone legally making you stop using it is if they have copyrighted the name.

Otherwise I wouldn't think anyone has a legal leg to stand on to do anything about it.

....

jbell36
02-27-2012, 06:04 PM
yeah they are technically different so it is legal and really you both can have the name, but who would want to share a name...i agree though, whoever got it first should have the choice...

there is a similar situation in my town...two very similar names, so close that the customers wouldn't know the difference, yet two very different companies...in my opinion the second business did it on purpose because of that very reason, people looking them up wouldn't know the difference and they would call the wrong company...the first one is obviously a much better company...pretty cheap if you ask me

TXLWN
02-27-2012, 11:22 PM
Hey I have a better Idea!!! Tell them you will be happy to settle out of court and you will change your name for say $500 or whatever reasonable price is to cover you for your troubles. My thinking is that they will be happy to shell out a few hundred bucks rather then go through the trouble of going to court. I would let them know that you are a legally registered business though otherwise you have no ground to stand on.

Frontier-Lawn
02-27-2012, 11:29 PM
i dont like anyone trying to muscle me, so i would say to them BRING IT ON!

APLUS LAWN CARE
02-27-2012, 11:56 PM
Basically, the state made a mistake and shouldn't have allowed two names that were that similar.

I think that whoever created their business name first has the rights to it. I'm not sure how you could be sued because it was approved by the state. I am not a lawyer but it doesn't seem like they should be able sue you.

LindblomRJ
02-28-2012, 12:02 AM
The state doesn't care if your name is similar. You file a fictitious name filing with county where you business is primarily located. No, the state didn't make a mistake. They do not regulate such things.

She can sue, I hope she realized how much attorney fees court fees and other BS costs.

Is it worth the trouble? That depends, how much are you wanting to spend defending your name. Which business was there first?

I am guessing it might not stand a court challenge.

GMLC
02-28-2012, 06:51 AM
Maybe it's different in other states but in NH they spend a good amount of time making sure two businesses don't have the same name. The state website has a data base so you can check before you register. They also suggest having several names ready because a lot of names are taken. So I think the state messed up and who ever had it first has the right to keep it.
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Ridin' Green
02-28-2012, 07:01 AM
Here in MI (at least this is what they told me) the name only has to be off by one word to be legally different, and accepted by the state. If that's true in your state, then you have nothing to worry about except the name recognition factor by potential clients.

Check with your state laws, and find out who had it first. If you did, stand your ground. Maybe she'll end up suing you only to have the court tell her she has to be the one to change her company name.

Good luck.

LindblomRJ
02-28-2012, 10:26 AM
Unless she has a trademark on her name her case seems weak.