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Same name

Discussion in 'Business Operations' started by jocko1104, Feb 23, 2003.

  1. jocko1104

    jocko1104 LawnSite Member
    Messages: 141

    I remember a topic on this a while back but I seem to be unable to find it. It doesn't help that the search function is now a hide and seek proposition.

    Anyhow, I was cruising through the service directory to get some new ideas for advertising this year and what did i see? Thats right a very LARGE add with my companies name.

    I immediately called the person (with friendly intentions) only to receive the customary scrub "hello?". LOL. I went on to explain that I was happy that he decided to start his own biz, however I requested that he change his name so as not confuse our clients who may mention the biz to a friend and they come across it in the paper etc etc...

    His response was that he obtained a DBA legally and has already purchase type ad, signs, truck signs, flyers, hangers, cards , etc and a change of name would be devastation financially. Long story short my business is AAA Lawn Care, his is A A A Lawn Care.

    I can see how the DBA search came out (computers are only as smart as the user).

    Do I have a leg to stand on? We even work in roughly the same area. Thanks for any input or if someone could post a link to the previous thread.
  2. heygrassman

    heygrassman LawnSite Senior Member
    Messages: 509

    Do you have a valid DBA or registered Business Name as AAA LawnCare?
  3. rodfather

    rodfather LawnSite Fanatic
    Messages: 9,501

    I would consult an attorney on this one.

    If he is legally registered like that (and you're not), you might be the one that has to change:confused: He could claim that your name as it stands now is infringing on his business:angry:
  4. ronslawncare

    ronslawncare LawnSite Senior Member
    Messages: 540

    sounds like youre the scrub not him .
  5. FrankenScagMachines

    FrankenScagMachines LawnSite Platinum Member
    from IN
    Messages: 4,739

    Same thing happened here but the name is the exact same as mine! :angry:
    His ads just started popping up and I have not seen 'em around so I will just try to beat him to getting the name registered and hope he dies of scrubdom. I have no clue about the guy but might try calling him. Or let him figure it out later on and do whatever he is going to do, it would just be asking for trouble to call him maybe?
  6. jocko1104

    jocko1104 LawnSite Member
    Messages: 141

    How would you know? Thats alot of assumption on your part.

    Yes of course i have a valid DBA. If read carefully I said my name was AAA Lawn Care his is A A A Lawn Care. Do you see the extra spaces? Like i said computers are only as smart as their users; which, in light of a few of the responses I have received, has become even more painfully obvious. :dizzy:

    I believe that he also has a valid DBA but with a few extra spaces. It seems obvious that he had honorable intentions, however upon notice of his error he refuse to change.

    I suppose my question was do I have any legal recourse and in what way should i go about it? I would like to avoid lawyer fees if at all necessary but that doesn't seem likely at this point.
  7. Lawn DOG

    Lawn DOG LawnSite Senior Member
    Messages: 276

    Although I do not know the right answer I will attempt to give you a good one.
    This situation "sucks".
    I can see his point and yours.
    Unfortunately that does not help you.
    You need to seek legal counsel. Yes a lawyer.
    If you really want to nip it in the bud. I would talk to my lawyer.
    Either way you are the loser in this situation. Look at it this way, if this guy gets a bad reputation it could hurt you. People are going to think you are affiliated.
    A lawyer is gonna cost but this situation might cost you more in the long run.
    Somebody should change their name.
    Sucks to be in your shoes..........
  8. jocko1104
    Check with the state or whoever you register with. You may need to trade mark the name or create a legal entity such as LLC or Corp. to gain exclusive rights to a name.

    trade name.jpg
  9. sharpcut

    sharpcut LawnSite Member
    from ohio
    Messages: 32

    this is a bad situation actually for the both of you since you both went about it the legal way and got your dba thats the one bad thing about a vague name like that .....i was actually trying to change my name and found a site that listed all the business names and everything i wanted was taken so i forgot about it ...
    maybe since you've been around longer you might be able to win the case in court......but i cut grass im not a lawyer
  10. ronslawncare

    ronslawncare LawnSite Senior Member
    Messages: 540

    im sorry but i dont know how this could be possible if youre business has a registered name ,my bad .

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