Name ISSUE

Discussion in 'Lawn Mowing' started by WeedWhipper, Feb 27, 2012.

  1. WeedWhipper

    WeedWhipper LawnSite Member
    Posts: 42

    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?
     
  2. 205mx

    205mx LawnSite Silver Member
    Posts: 2,346

    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
     
  3. GMLC

    GMLC LawnSite Platinum Member
    Posts: 4,353

    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.
    Posted via Mobile Device
     
  4. scotts lawn care

    scotts lawn care LawnSite Senior Member
    Posts: 478

    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.
     
  5. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,776

    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.

    ....
     
  6. jbell36

    jbell36 LawnSite Bronze Member
    from KANSAS
    Posts: 1,283

    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
     
  7. TXLWN

    TXLWN LawnSite Member
    Posts: 50

    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.
     
  8. Frontier-Lawn

    Frontier-Lawn LawnSite Silver Member
    Posts: 2,942

    i dont like anyone trying to muscle me, so i would say to them BRING IT ON!
     
  9. APLUS LAWN CARE

    APLUS LAWN CARE LawnSite Senior Member
    Male, from North Missouri
    Posts: 587

    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.
     
  10. LindblomRJ

    LindblomRJ LawnSite Silver Member
    Posts: 2,570

    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.
     

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