Lawn Doctor threaten law suit to local guy

Discussion in 'Pesticide & Herbicide Application' started by Ric, Jun 4, 2003.

  1. Ric

    Ric LawnSite Fanatic
    Posts: 11,956

    Last three days lawn Doctor of New Jersey has called and threatened to file suite if I don’t stop doing business as Yard Doctor. I have been in business for 5 years under that name in Florida and everything is legal. Lawn Doctor’s call back phone number is 732-946-0029 ext 253 Charlene is the person that keeps calling and threatening a law suite. 732-946-8960 is the number showing on my caller ID.

    The small businessman is a dying breed in corporate America today. I state only the fact here and wish to say more but will leave that to you.
  2. bruces

    bruces LawnSite Senior Member
    Posts: 648

    Is this company doing business in Florida?

    If not, it sounds like they are just harassing you.

    In any case, you should just roll over and quit, change your company name or go out of business, after all, they are the big company, you have no rights.

    Or, on second thought, tell them to stick it where the sun don't shine.

    Good luck with your battles.
  3. BRL

    BRL LawnSite Bronze Member
    Posts: 1,211

    "Is this company doing business in Florida?"

    LOL They are all over the country, just that's the Home Office. They are number 2 or 3 Lawn Care behind TG\CL according to the trade rags? They did over 60 million in 2001. I can't believe they'd have a good case for this one. Problem is, they are so big they have the money to waste on the lawyers to actually push the issue. Hopefully they don't really push the isuue, and if they do I hope you win. Good luck.
  4. KirbysLawn

    KirbysLawn Millenium Member
    Posts: 3,486

    Tell them to bring it on, they have **** for a case.
  5. Runner

    Runner LawnSite Fanatic
    Posts: 13,494

    How long has Lawn Doctor been in business? Does anyone know? This could be the deciding factor. You think YOU have it bad,....? We have a local guy here that has a business called Scott's Lawn Care. He's been in business here, for SEVERAL years. Now, what about THIS case!? However it turns out, I think you'll be safe. I have a friend that used that phrase "The lawn doctor has your prescription for a greener, thicker lawn." He has since stopped using that slogan since we now have a Lawn Doctor franchise working our county as well.
  6. BRL

    BRL LawnSite Bronze Member
    Posts: 1,211

    According to their web site they started in 1967. But I still don't think Yard Doctor infringes on their copyright. Especially if they weren't in his area when he started. I thought I read a case where some of the Scott's lawn company names (there are many such named across the country) were allowed to continue if they found the Scott came from their name. If they were using Scott's because they used Scott's products & weren't part of the Scott's Lawn Care franchises, then they were forced to change their names.
  7. coyoteman

    coyoteman LawnSite Member
    Posts: 89

    I've had the same problem. Call your lawyer and get hime to contact them on what grounds they have. Tend to one they will back off once they see a law firms letter head. It's not the copyright you need to worry about it's the trademark or common law trademark issue you should look into. Just my two sense worth.
  8. Ignore them until you received paperwork otherwise it's bogus.
  9. CMerLand

    CMerLand LawnSite Senior Member
    Posts: 393

    Hey BRL,

    Didnt you run into a problem with some "whack and hack" with lousy business manners having the same name of your company but like the next town over? Would hate to start marketing in that town to only find out you already have a bad reputation thanks to that guy. Did you check in with your county clerk on that to find out what you could do??

    I know I had to register my company name with the county clerk at the courthouse when I first started my business, which prevents anyone else from using that name in this county, but not elsewhere in the state.

    Gotta watch those business names or you can end up paying dearly for not registering yours prior to starting work.

  10. elvis 6certifide op.

    elvis 6certifide op. LawnSite Member
    from fl
    Posts: 6

    named your self affordable doctor or lecture doctor or grass doctor or ric doctor or ric the yard doctor or ric the lawn and yard doctor!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! or the lawn boy. they dont have a case at all

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