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View Full Version : Possible business w/same name as mine...


Navig8r
04-01-2003, 06:32 PM
OK.... So I'm in the process of legitimizing my business. Started small last year.... late in season, kinda scrubbish:blush:

So last Fri. I went to the county office and registered my DBA
- Picture Perfect Lawn & Landscape -

I went to a local ad publication yesterday to place an ad to run next week. The rep there calls me today to let me know that she came across someone else using "Picture Perfect Landscaping"
She's gonna get me a copy of a classified that he ran a few weeks ago, so I'll have some more info soon.
It seems he's been placing ads w/them occasionally since 1999, and uses a P.O. box in the same town I'm in, yet I've never heard of him....

I researched this name in county records before I registered (required to) and even checked phone listings, and yellow pages.

Checked phone listings and Dir. Assistance today..... seems to be no such animal.

Anyone else had a situation like this.........
If he's not enough to worry about, I don't know how I should follow up at this time.

IBGreen
04-01-2003, 06:39 PM
Definately do the name change. You don't want to be miss-associated with a squid.

Navig8r
04-01-2003, 06:48 PM
Problem is I don't want to change MINE.
I did the legal thing, and registered it. ITS MINE

I'm waiting to see the ad he posted, then I'm gonna call a friend of mine who's a lawyer..... get his opinion.

I'm just wondering if this is common in this business due to the high number of people who don't go about business legally/legitimately?

JimLewis
04-01-2003, 06:59 PM
Yes, check with your attorney. And also see if he's not registered his name. If he hasn't registered it, then YOU register that name too! Even though it's slightly different. Then have your attorney send him a polite letter asking him to change his name. If he doesn't, then you can progressively get nastier with your attorney. Chances are very good, if it's a small outfit, that he'll just cave and change his name. Especially since he has no legal right to it.

gslam88
04-01-2003, 07:58 PM
Nav,


Did you check the state registration for the name.... if he just did not register locally and did at the state or federal level that you could have a up hill battle on the name issue.

Also as he has been around in the same town for 4 years, what kind of reputation does he have, because if you have similar names and he has a bad reputation.... well then they will mix you up anyway and it could be disaster for you.....

I would wait and first see what the lawyer says, then check the state and see if they are registered...

In our state they have a program call concord on line... it is a database of registered companies validated thru the state.... you can access it thru the state website during working hours to research the business.... see if your state has something similar...

I also did a quick look in ny state and found this

Selected Entity Name: PICTURE PERFECT LAWN CARE & LANDSCAPING LLC


Current Entity Name: PICTURE PERFECT LAWN CARE & LANDSCAPING LLC
Initial DOS Filing Date: 04/09/1998
County: ALBANY
Jurisdiction: NEW YORK
Entity Type: DOMESTIC LIMITED LIABILITY COMPANY
Current Entity Status: ACTIVE



DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)
MARK E. SPLONSKOWSKI
NINE VALLEYWOOD DRIVE
NISKAYUNA, NEW YORK 12309

Registered Agent
NONE


or this one

Current Entity Name: PICTURE PERFECT LANDSCAPING, INC.
Initial DOS Filing Date: 05/15/1987
County: RICHMOND
Jurisdiction: NEW YORK
Entity Type: DOMESTIC BUSINESS CORPORATION
Current Entity Status: ACTIVE



DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)
PICTURE PERFECT LANDSCAPING, INC.
4 ELISA COURT
MANALAPAN, NEW JERSEY 07726


Chairman or Chief Executive Officer
ELISA GRAVINO
4 ELISA COURT
MANALAPAN, NEW JERSEY 07726


Principal Executive Office
PICTURE PERFECT LANDSCAPING, INC.
4 ELISA COURT
MANALAPAN, NEW JERSEY 07726

Registered Agent
NONe

NOTE: New York State does not issue organizational identification numbers.

is this where you might be talking about

this is the website

http://wdb.dos.state.ny.us/corp_public/corp_wdb.corp_search_inputs.show


Good luck...




Pete

FrankenScagMachines
04-01-2003, 08:12 PM
I'm in the exact same position but I registered mine as well and then started seeing his name in the paper. The problem is that he is based in the next county but there is a very very sparce population there not much grass at all so I understand he needs to come here to work. Anyway I can't gripe at him because he may be registered, just not in my county!!!!!! arggghhh!!!! :blob2: :blob2: :blob2:

So I'm just gonna let it slide for now, he'll probably be gone by next year anyway :D :cool:

ahah
04-01-2003, 08:26 PM
BHB,
In Indiana, if your sirname isn't included in you biz name, you need to register in every county you do business. Go get him tiger.

Casey
04-01-2003, 09:27 PM
In Nebraska you register with the secretary of state and they do the name research, won't let you register a name that is even similar to someone else.

mdvaden
04-01-2003, 09:29 PM
Noticed Lewis in here - HI TO LEWIS !

I'm in the same state as Lewis - Oregon.

Oregon has what I recall as the corporation division or whatever. In fact, banks here will not start a business checking account without a copy of the Oregon State assumed - or DBA - business name.

Its cheap. And its done by county. You pay the state like a $15 base, then maybe $2 per county. Its a one time registration, and its for the counties you chose. If you don't like to dish out for every county, pick the ones that the major cities are located in.

My guess is that a lawyer won't hurt.

I'd imagine that if you show any advertising company a copy of your assumed business name registration with the state, they probable will drop the other ad, since its illegal.

In Oregon, ad companies will drop any landscape or tree ad that does not have the contractor license number.

So it reasons that they will follow the same strategy.

Be sure you register the name, and check with your state before you let the other company in on it. It would be a shame if you missed one part of the registration process, and they beat you by 24 hours.

In Oregon, I can drive down in less than 60 minutes to the state office and fill the form and pay a check.

LANDGUARD
04-01-2003, 09:58 PM
Ficticious Name registration will lose over a Corporation name anyday. You both can run the same name but if they go after you they will win. Just some observations from my past.

bastalker
04-01-2003, 10:56 PM
I believe langaurd is correct...In Ct you can register the name all you want. If you are not incorporated anyone can use your name, and you cant do squat about it...:mad:

bommaritro
04-01-2003, 11:06 PM
I had a similar problem when I went to register my name. I asked the but the name I wanted was registered and I was offered to buy it from the owner.

Here is the thread:
http://lawnsite.com/showthread.php?s=&threadid=38939&highlight=bommaritro

Remember that anything you have a lawyer do is going to cost money. So if the name is that important to you then you may wind up shelling out a substantial amount of money to get it to yourself. Also you may want to be wary of a possible bad reputation that the previous company may have perpetuated. These reasons were enough for me to go with my last name as part of my title. Take it for what it's worth.


Ron

Navig8r
04-01-2003, 11:27 PM
Pete, thanks for the research, really goin above and beyond what I expected in a response.. Thanks!

I hafta see what the deal is w/ this guy.... It may be just a kid w/ a mower..... Hopefully more info in a couple days...

Like I said, I've never heard of him, and I've lived here all my life.

If really just a kid or very-part-timer, I'll go from there.........

we'll see

Thanks for input.......

I love Lawnsite :D

adrianvbarrera
04-02-2003, 02:36 PM
If it is really that important to you.....go and incorporate the name.
But be aware that it is quite a hassle....most states you can do it yourself. To top it off there are fees that you will pay every year. Plus doing your taxes as a corporation means that very likely you will have to search for a competent person when doing your taxes. A lot of tax people will not do taxes for a corporation. They lack knowledge.

A corporation is a legal entity....it has contractual capacity. It can enter into a contract on its own and separate from you.
A DBA or fictitious name cannot enter into a contract.....it will be you that does. Thus YOU will be responsible for the contract.

Who would need a corporation? If there might be any chance that your company might generate a loss greater than its assets then you need to incorporate. This loss can be by a law suit damages to a client while doing work for them etc.

I own two other business.....one of them someone in the next town....around 15 minutes from here has the exact name as we do. I have had it for about 8-9 years and he has had it about 5.
All through this time it has not affected either one of us.

Just a thought,
Adrian

paponte
04-02-2003, 11:04 PM
In all reality you both can be legit. They are two different names. Picture perfect LANDSCAPING, and Picture perfect LAWN & LANDSCAPE. Both can be registered legally because they are different names. If one company is incorporated, their name will take presidence. Thats why I always tell people to be more origional with their names. :cool: