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Same company name/area?

Discussion in 'General Industry Discussions' started by mosmgras, Nov 23, 2006.

  1. mosmgras

    mosmgras LawnSite Senior Member
    from NC
    Messages: 270

    Anyone had this issue come up...?

    Someone else starts their business, say in the same city or at least within 50 or so miles using the same company name as you. What should you do? Or rather, is there anything you can do? This isn't a problem for me, at least not yet. Just wondering for future reference.
  2. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Messages: 1,775

    That is what a name registration in for. It cost $200-250 to file for a name depending on your state. Without having your name registered you have no interest in the name and therefore it can be taken by anyone.
  3. Jason Rose

    Jason Rose LawnSite Fanatic
    Messages: 5,858

    yes, but registering your name only stops someone else from registering it, dosn't stop joe-blow that cuts 15 lawns from using it... if it's a big city you may never know about them, and they may never know you. Once you are legal and you find them you CAN legally make them stop though.
  4. PROCUT1

    PROCUT1 LawnSite Platinum Member
    from TN
    Messages: 4,891

    Some phone calls to IRS and a letter from your attorney will take care of that real quick.
  5. BSDeality

    BSDeality LawnSite Silver Member
    Messages: 2,849

    thats what I have a lawyer for.
  6. Dunn's

    Dunn's LawnSite Bronze Member
    Messages: 1,534

    Yeah i'm not sure how you would go about that but their is one LCO' in my area that goes by one name and yesterday I saw a solo operator using the same name with magnets on their truck service the exact same area.
  7. AlleganyLawnCare

    AlleganyLawnCare LawnSite Member
    Messages: 180

    I have that problem. I have been told by several clients and others that they saw that I picked up such and such place. And they saw that I had some new workers and trucks. I looked at them puzzled. They were right - sort of. Some guy is using the same name in my city. My company name has been registered with the state for several years. So I call the state about it, they (as stated previously) inform me that registering a name only entitles me to the legality of having an actual company name, thereby lending more credence to my business. It does not stop anyone else - anywhere within the state form using that name. If I had trademarked the name, then possibly, but not guaranteed. So a lawyer or not, would just be a waste of my money.

    I am concerned about my company reputation. If they (the other company) suck, then is gets back to being me. I know all of my clients are very happy with my work, and are constantly giving me compliments. But others that don't know me or my work, will probably stay away from me. That is what bothers me.

    I have approached the guy and asked him to change the name of his company, trying to intimidate him by "calling the IRS", saying he is not a legal business (which most people here in this area aren't), but I don't know if it did any good or not. I can only pray.
  8. LawnScapers of Dayton

    LawnScapers of Dayton LawnSite Silver Member
    Male, from Dayton, OH
    Messages: 2,572

    Have a Lawyer send him a certified letter.......

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