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Someone is using my name!

Discussion in 'Starting a Lawn Care Business' started by AllAmericanlawn, May 6, 2007.

  1. AllAmericanlawn

    AllAmericanlawn LawnSite Senior Member
    Posts: 272

    My company is All American Lawn and I have a license under that name. I have been advertising in the local paper in the service guide. I look in the paper today and someone has an ad that says All American Lawn care. I am sure they dont have a license. What should I do?
  2. Sydenstricker Landscaping

    Sydenstricker Landscaping LawnSite Bronze Member
    Posts: 1,281

    Find out from your state to see if they registered their name. If they registered before you then I dont know. If not, then send them a cease and decist letter. That should get them motivated into changing their name!!
  3. RedMax Man

    RedMax Man LawnSite Platinum Member
    Posts: 4,053

    There is a co. in my area named All American Landscaping. It's crazy how many co. have almost the same names. I'm curiouse to see what you find out.
  4. JeffW0011

    JeffW0011 LawnSite Member
    Posts: 178

    could be a mistake by the paper...
  5. bohiaa

    bohiaa LawnSite Fanatic
    Posts: 5,220

    when I got my DBA. I was informed that this is NOT a grantee that noone has this name.... and it went on and on about if someone sues under these condishions then it's strickly up to a Judge.....

    now how this helps I dont know.... But I made the lady do a search b4 I filed my name.....

    PLZ Keep up updated on this .........
  6. clcare2

    clcare2 LawnSite Member
    from indiana
    Posts: 224

    If your name is not registered or trademarked, then others can do what ever they want with it.
  7. Prestige-Lawncare

    Prestige-Lawncare LawnSite Senior Member
    Posts: 753

    In reading your post as it is listed ... you say the name of your company is All American Lawn. The other company you have listed says All American Lawn care.

    All American Lawn, and All American Lawn care to two different names when it comes to registering with the Secretary of States office. As close as it may sound ... it is different. I know you worry about someone cashing in on your advertising ... but then again ... if you have signs on your truck and/or trailer ... you may very well cash in on their advertising efforts too.

    If it is as you say it is, I really don't feel there is much you could really do. If it helps at all ... my suggestion is to not worry much about it unless it somehow really affects your business and business practices.

    Just my opinion ...
  8. AllAmericanlawn

    AllAmericanlawn LawnSite Senior Member
    Posts: 272

    Do you ever second guess the name you have given your company? Ever think of changing it at some point. Thanks for the input.
  9. Prestige-Lawncare

    Prestige-Lawncare LawnSite Senior Member
    Posts: 753

    Sure ... we all have at some point, and many still do often. A name though is somewhat like seniority ... the longer you have it, the harder it is to change.

    Your business name is your reputation for you business, your recognition with the area you work in, the name by which your customers associate you and the services you offer. Changing it after a while can be risky ... but not at all impossible. We are not IBM or Ford or somebody ... but we are a business that people pick up the phone and call. Sometimes change is good, or it works ... but other times it's a bad deal.

    For some of the older guys on here ... remember years ago when Coca Cola changed Coke? It was made more sweet ... more along the lines of Pepsi. What a lead balloon that was!! Coke brought back out the old Coke ... and kept the new one and called it New Coke (I believe that is what they called it). That was almost a nightmare for Coca Cola.
  10. Duekster

    Duekster LawnSite Fanatic
    from DFW, TX
    Posts: 7,961

    Even at that you can not pick a name that is deceptive and leads people to believe you are someone you are not.

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