Possible business w/same name as mine...

Discussion in 'Business Operations' started by Navig8r, Apr 1, 2003.

  1. Navig8r

    Navig8r LawnSite Senior Member
    Posts: 477

    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.
     
  2. IBGreen

    IBGreen LawnSite Senior Member
    Posts: 726

    Definately do the name change. You don't want to be miss-associated with a squid.
     
  3. Navig8r

    Navig8r LawnSite Senior Member
    Posts: 477

    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?
     
  4. JimLewis

    JimLewis LawnSite Fanatic
    Posts: 6,835

    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.
     
  5. gslam88

    gslam88 LawnSite Member
    Posts: 146

    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
     
  6. FrankenScagMachines

    FrankenScagMachines LawnSite Platinum Member
    from IN
    Posts: 4,739

    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:
     
  7. ahah

    ahah LawnSite Member
    from 5
    Posts: 70

    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.
     
  8. Casey

    Casey LawnSite Member
    Posts: 142

    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.
     
  9. mdvaden

    mdvaden LawnSite Bronze Member
    Posts: 1,934

    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.
     
  10. LANDGUARD

    LANDGUARD LawnSite Member
    Posts: 73

    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.
     

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