Another lawn care company using my name!!

Discussion in 'Lawn Mowing' started by goodbeus, Jun 24, 2003.

  1. goodbeus

    goodbeus LawnSite Senior Member
    Messages: 392

    Saw this ad in the Mint magazine from a lawn care company using my name:angry: . The name of my business is Prestige Lawn Maintenance, there's is Prestige Total Lawn Care Services, Inc..Well, my office goes online and yes, they are licensened, but I've been licensed longer than they are by 2 years...Call the city to find out how they can do this, fictitious name office shouldn't allow this is what I'm thinking...Well, when you incorporate, you don't have to go through fictitious names:cry: . This was 3 days ago...Well, on a job today, an Enviromental Specialist comes to the truck...he wants to see our business license and certificates for lawn maintenance applications...I hand him a copy of our business license and round-up license, tell him we don't do fertilizer applications...Come to find out, this other Prestige has caused $6,000.00 worth of turf damage, the inspector says they have issued them a cease file from fertilizing...Tells me they are still fertilizing and thought we we're the same company...Is there anything I can do or should I just wait it out, these other guys may not be in business for to long...
  2. tiedeman

    tiedeman LawnSite Fanatic
    from earth
    Messages: 8,745

    I don't know really what else you could do. I would personally still talk to county and city officials regarding the matter.
  3. lawn gonzo

    lawn gonzo LawnSite Member
    from texas
    Messages: 52

    Had the same thing happen to me about a couple of months ago. Called newspaper to discuss display ad, they quoted another guys name and phone number, thought the paper screwed up, but cracked open the paper and there he was, Exact Lawn Service vs. my Exact Lawn and Tree. Found out there is nothing you can do without a lawyer, cause even with D.B.A.s,( I have them for three area counties) no enforcement by the counties. You have to hire lawyers, and I did'nt cause I knew this guy would dissappear, which he did. Called him at first to tell him my name is already registered, which if he would have looked at the paper or the phone books for this area he would have seen me, and he said "oh yeah I'm sorry I will change it asap" , but he never did and would never return my calls after that. So just waited till he went out of business, which took a whole month.
  4. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Messages: 1,912

    There's really not much you can do without a lawyer .... even then that's iffy .... as there are company's with your exact name in Miami & Orlando .... his name has a common word with yours otherwise it is unique

    Wait it out .... if county or city is after em .... they will fold

    But you may write a lawyer like letter to the registered agent & officers to stir things up
  5. nelbuts

    nelbuts LawnSite Bronze Member
    from SW, FL
    Messages: 1,053

    Hey goodbeus. You don't need a license to apply fertilizer to turf in FL. You do need a Limited Pesticide Applicators License to apply Round-Up and chemicals on shrubs. I bet the other company pust down the wrong type of weed and feed which destroyed a yard. But I repeat you are not required to have a license to apply fert.

    Actuallly there is something you can do. Contact your attorney and have him write a letter to the other company. Once you started using that name, and had a logo to go with it you established a copywrite. To prove it you must show the first invoice that you performed a service and your first ever bank statement with that name. With them having a not so good repuitation there could be some damages involved if you can prove that plus they have been benefited from you company's good will and reputation in the business.

    My advice is to go after them and go after them hard. Make an example of them for everyone to see. Personally I am not only a corp. but my company name is a registered trademark. No one can use it nationally and I usually check at least once per year.
    BTW I think there is a company in my area with your name. I will double check the next time I see them and try to let you know.
  6. grshppr

    grshppr LawnSite Senior Member
    Messages: 301

    Go after him..or better yet get a lawyer to do it for you. We have the same problem, a guy in town with a very similar name. He has a bad reputuation and I have been getting complaints that are actually supposed to be directed at him. You rep is worth big $$$. Other than that contact your local news channel, they may want to do a story on the whole name thing. I am in the process of doing that here, I have a contact that has a contact at the local TV news. Good advertising, and it will make him look really bad.
  7. goodbeus

    goodbeus LawnSite Senior Member
    Messages: 392


    I have a certification for lawn maintenance application form here which says:

    Florida law requires that anyone applying pesticides as part of commercial services have a license from the department of Agriculture & Consumer Services.

    Also states that once you have a round-up license, you can't apply pesticide(insecticide,herbicide,fungicide) to lawns or turf. This includes fertilizer/herbicide mixtures.

    The Inspector told me the same thing..

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