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Take Legal Action?

Discussion in 'Lawn Mowing' started by Groundcover Solutions, Mar 16, 2001.

  1. Groundcover Solutions

    Groundcover Solutions LawnSite Bronze Member
    Posts: 1,254

    Here is the story. I was driving down the road and I see a truck that looks like on of my companies. On further inspection I realize that it is not one of my trucks so I pull in to the parking lot to see who it is and it says my companies name on it with a different logo. My name is registered with the county so can I take action and make this guy change his name or what? Any info would be grate THANKS!!!

    P.S. No one seems to answere fast enough for me in the business forum.LOL
  2. ADMServices

    ADMServices LawnSite Member
    Posts: 68


    Are you a DBA or a corporation. If you are currently a DBA it is possible that the co you say is currently a corporation with the same co name as you. Look into it.

  3. Groundcover Solutions

    Groundcover Solutions LawnSite Bronze Member
    Posts: 1,254

    i am a DBA! So if he is a corperation i can not do anything about it?? but wouldent the city clerk told me that or do they not have that info
  4. LScom Addict

    LScom Addict LawnSite Member
    Posts: 90

    I have always been told that unless you have a trademark fior your name that you will be fighting a loseing battle. I have seen it where someone would use the name Custom Lawn Care, and then another contractor would use CLC and then have it speeled out on the documents. Just like 4 Seasons Lawn and Landscape and Four Seasons Lawn and Landscape. How are consumers supposed to know the difference?
  5. cleancut

    cleancut LawnSite Member
    Posts: 222

    There was a similar situation here a couple of years ago..A friend of mine in another county goes by Superior Lawn Care..Well, in the county I live in another company starting using the same name...Had all his trailers and trucks painted...My friend is incorporated, so he threatened to sue the other operator...In the end, the guy changed his name to Super Lawn...I guess he did this because it was cheaper to remove a few letters from his truck and trailers...If you're just a DBA, I think you're probably fighting a losing battle.
  6. LoneStarLawn

    LoneStarLawn LawnSite Bronze Member
    Posts: 1,415

    In the state of Texas DBA are just as strong as corporations....when registering for a corp. they go through all the names with in the state which includes DBA's....remember there is some corporations that are Doing Business As also. Your state may be different...I would check into it....They may not be working in that county....
  7. Groundcover Solutions

    Groundcover Solutions LawnSite Bronze Member
    Posts: 1,254

    Thanks for all of the information i will look into the state laws and things and see what i can do about this guy. I hope i can make him give my name back becuse if i registered it and he is to lasy to go and see if someone has that name too he deservis to lose it!!!! Sorry i had to vent a littel.
  8. 65hoss

    65hoss LawnSite Fanatic
    Posts: 6,360

    call your lawyer and see what he says. Now that would be a fast answer. :)
  9. Skookum

    Skookum LawnSite Senior Member
    Posts: 675

    Indiana must be like Texas. You summit names, and they will not allow you to use same name as another.

    But, similarities of course will be allowed as long as not exactly the same. The similarity names can be just as bad if the other company operates in your area as well.

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