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grass disaster
03-09-2005, 05:54 PM
Some one in my home town threw a marketing scheme using my name "grassmaster"..oh i was not too happy !!

i think i got it all straightened out i call him and asked if he was licensed threw the state. he was like well.... not exactly, but i'm going to be.

i was like oh man this is not funny.

lets just say he is coming by later to pick up all of his signs from around town.

he was offering $25 a week with a 2 acre maximum

i called my cpa and they couldn't believe it they were like" oh, that's a big no no"

SodKing
03-09-2005, 06:00 PM
I came across a 16 year old "professional landscaper" in the same city as I was headquartered using my companies name. Needless to say when I was done with his mommy he had decided to cease and desist. Turns out he saw my name, liked it, and figured it would be OK.

Ohhh kids!

grass disaster
03-09-2005, 06:08 PM
I came across a 16 year old "professional landscaper" in the same city as I was headquartered using my companies name. Needless to say when I was done with his mommy he had decided to cease and desist. Turns out he saw my name, liked it, and figured it would be OK.

Ohhh kids!

well this guy was a no kid, he said he was working for a company now but was going to try it on his own

FrankLandscaping
03-09-2005, 06:41 PM
Grassmaster,

your name is as generic as the keys to my mower.

Frank

grass disaster
03-09-2005, 06:44 PM
Grassmaster,

your name is as generic as the keys to my mower.

Frank

i call mine grass master lawn service, llc

he calls his grassmaster lawn services

seems to be pretty damn close if you ask me!!

FrankLandscaping
03-09-2005, 06:45 PM
I get it. It doesnt suprise me at all that another lawn service in your area has "grass masters" for a name. That name is generic and boring now. I'm sure his other choices for his company name included "Cutting Edge" and "A Cut Above." blah

Frank

old dog
03-09-2005, 06:50 PM
The LLC after your name will be what helps protect you.That means you are a
corporation registered with your state.Good you did that!

ksland
03-09-2005, 07:07 PM
I have seen at least 3 other "grassmasters"

Mo Green
03-09-2005, 07:10 PM
Don't you have to have your name trademarked to be fully protected? I'm not sure if just registering with the state is enough. I ran my biz name through my state data base and found several others with the name.

grass disaster
03-09-2005, 07:11 PM
I have seen at least 3 other "grassmasters"

in my state ?
IN MY TOWN?

Mo Green
03-09-2005, 07:18 PM
It is a pretty common name.

old dog
03-09-2005, 07:28 PM
Don't you have to have your name trademarked to be fully protected? I'm not sure if just registering with the state is enough. I ran my biz name through my state data base and found several others with the name.
Probably right,check with your attormey.In Pa, if you are registered as
an LLC ,noone else can legally use it.But people break the law all the time.
An LLC is different than a sole prop.,or a partnership.I am not sure that
grassmaster could really be protected-but if you register locally that should
be all you need.Unless you live on a state line(s),then register in all needed.
Real good discussion

grass disaster
03-09-2005, 07:29 PM
It is a pretty common name.

that's not the answer my CPA gave me.

David Grass
03-09-2005, 07:31 PM
I may be totally wrong here, but I think your company name is like copyright laws. If you wrote a song, and can prove it, it does not matter who "registered" the copyright for that song. Registering is great, because it gives some clout, but if you stole the song and registered via tape or CD, and the other guy can prove he wrote it 2 years earlier, you will lose in court! A major mexican restaraunt franchise near here had to change their name because a mom and pop restaraunt had been in biz with it years before. I think, whoever can prove they had the name, using it in business first, wins, but it is still a good idea to register the name, so others know. Again, I may be wrong, I know a lot about copyright law, and just am asuming it is similar. With copyrights, you are protected the minute you write the song (or book), as long as there is a way to PROVE IT! Registering is just..........registering, and does not constitute undisputed rights.

tonygreek
03-09-2005, 07:35 PM
that's not the answer my CPA gave me.

is your cpa also an attorney? if not, your barber could tell you the same thing. :)

grass master or grassmaster are probably considered the same name in your state's eyes, and would likey be protected as a "unique" name. the "llc" is key, as would any other incorporation or state-level trade name when it comes to protecting your name. it's akin to a state-level trademark (not exactly the same, but similar) and if another tried to file for a similar name, it should be kicked back to the business and another name must be found. the key is being materially different.

pjslawncare/landscap
03-09-2005, 07:39 PM
I may be totally wrong here, but I think your company name is like copyright laws. If you wrote a song, and can prove it, it does not matter who "registered" the copyright for that song. Registering is great, because it gives some clout, but if you stole the song and registered via tape or CD, and the other guy can prove he wrote it 2 years earlier, you will lose in court! A major mexican restaraunt franchise near here had to change their name because a mom and pop restaraunt had been in biz with it years before. I think, whoever can prove they had the name, using it in business first, wins, but it is still a good idea to register the name, so others know. Again, I may be wrong, I know a lot about copyright law, and just am asuming it is similar. With copyrights, you are protected the minute you write the song (or book), as long as there is a way to PROVE IT! Registering is just..........registering, and does not constitute undisputed rights.

I disagree totaly. I used to play in bands and we copyrighted all our originals. We own these songs. Part of the copyright process is checking to verify no one else has copyrighted any songs to simular. If he has his name or logo trademarked, it follows the same process. The first person or business with the coptright is sole owner

grass disaster
03-09-2005, 07:42 PM
looks like good info you guyz have. it also looks like it was a good move to start the llc.

no i guess i'm not sure if my cpa is a attorney but he sure is smart enough to be.

old dog
03-09-2005, 07:50 PM
looks like good info you guyz have. it also looks like it was a good move to start the llc.

no i guess i'm not sure if my cpa is a attorney but he sure is smart enough to be.
If he is a good CPA ,ask him,and he will help you find an attorney to get
your good name back.I do know there are "fictitious name" filings and such
but I am sure every state has a bit different read on it.The copyright
commentors add a bit of flavor but it really does not fit as far as a business
name is concerned.My CPA is the one who started me on the LLC hunt.
Been registered for 7 years and have all good to say about it!

grass disaster
03-09-2005, 08:02 PM
did i mention that this guy is not even registered thru the state.

tonygreek
03-09-2005, 08:11 PM
then a nicely worded "cease and desist" letter from you or an attorney threatening legal action should be sufficient.

grass disaster
03-09-2005, 08:20 PM
then a nicely worded "cease and desist" letter from you or an attorney threatening legal action should be sufficient.

very good,

that is what my cpa suggested i do. i said i would decide what i wanted to do.
i think the guy will change his name.

off to vegas. have fun all.

bigviclbi
03-09-2005, 08:24 PM
I found out there's another Perennial Gardens in my state a year after I was doing business. Apparently in NJ you can't register the same name in a county, it doesn't really matter are territories are far apart. I might change my name down the road by slightly tweaking it. On another note there is a Perennial Homes near me that does landscaping.

old dog
03-09-2005, 08:28 PM
then a nicely worded "cease and desist" letter from you or an attorney threatening legal action should be sufficient.
I second that motion,and have a nice vacation whilst your attorney slaves away!

Brianj
03-09-2005, 09:21 PM
put your own name on your business.. mine is just Brian Jones' Lawn Service, my not be catchy but i got to do good work if my name is on it.. if not my name gets trashed, lol

crawdad
03-10-2005, 07:22 AM
I get it. It doesnt suprise me at all that another lawn service in your area has "grass masters" for a name. That name is generic and boring now. I'm sure his other choices for his company name included "Cutting Edge" and "A Cut Above." blah

Frank
Or "Lawn Ranger"

David Grass
03-10-2005, 07:55 AM
I disagree totaly. I used to play in bands and we copyrighted all our originals. We own these songs. Part of the copyright process is checking to verify no one else has copyrighted any songs to simular. If he has his name or logo trademarked, it follows the same process. The first person or business with the coptright is sole owner
Yes, we copyright ours also, but I did a research paper when studying to become a CPA while taking business law on copyright laws, and you are FEDERALLY protected as soon as you write it. Many of my Nashville songwriter friends do not copyright until a CD is released because they know the laws, and have enough friends who have heard them performing a song for verification. Again, (and I KNOW THIS) A copyright is thrown in a folder, no one ever goes there, or listens to the song, or looks at the sheet music unless there is a lawsuit, and whoever can prove they WROTE the song first, WINS. In plain terms, a copyright AUTOMATICALLY IS IN EFFECT, the minute you write a song. In fact, you may not know this, but ANYONE can record your song without your consent, as long as they PAY you a statutory rate!

David Grass
03-10-2005, 07:58 AM
I found out there's another Perennial Gardens in my state a year after I was doing business. Apparently in NJ you can't register the same name in a county, it doesn't really matter are territories are far apart. I might change my name down the road by slightly tweaking it. On another note there is a Perennial Homes near me that does landscaping.
Again, I think with a business name, that you are in business as.....whoever was actively in business with that name first, or, if not in business, then they could have trademarked the name, or registered it, has rights to it, and can stop anyone else from using it.

jpmako
03-10-2005, 08:00 AM
I get it. It doesnt suprise me at all that another lawn service in your area has "grass masters" for a name. That name is generic and boring now. I'm sure his other choices for his company name included "Cutting Edge" and "A Cut Above." blah

Frank


What are you saying?
Do I have a generic and boring name too?

Mo Green
03-10-2005, 09:58 AM
I think he is saying that these three names are widely used. More so than others. They are just not as original anymore.

FrankLandscaping
03-11-2005, 02:56 PM
What are you saying?
Do I have a generic and boring name too?

In my opinion, yes.

Old Red
03-11-2005, 03:21 PM
Maybe the name is generic. Not a bad name. Luckily you were able to nip the problem in the bud. Were you able to get a good deal on the signs?