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what would you do?

Discussion in 'Commercial Snow Removal' started by spittincobra01, Nov 23, 2006.

  1. spittincobra01

    spittincobra01 Senior Member
    Messages: 193

    what would you do if you found out someone was using your company name to advertise for them? ok, I am the legal registered sole proprieter of "Affordable Snow Plowing" and I have this one guy who put ads in the paper who owns a company but doesn't list it's name in the ad. It only says affordable snow plowing/fully insured and his number. I called him and asked him to change his ad and he told me he would if I faxed him a copy of my state license... only the fax number he gave me was some old lady's house who never heard of him... and now he is ignoring my calls. I called the paper and they can't change his ad even though I faxed them a copy of my name too. what else can I do to get this to stop?
  2. spittincobra01

    spittincobra01 Senior Member
    Messages: 193

    oh yeah, I have been dealing with this for almost a month now
  3. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    Call the county clerk where you are registered and doing business as, then call a good lawyer .

    Is Affordable Snow Plowing in the header? Or does it just mention that in the ad.

    There actually may be nothing you can do and thats a reason why names like yours are tricky to have.

    But the lawyer can at least draw up a cease and decist order that might scare him into changing his ad to reasonably price snow removal or something.
    Last edited: Nov 23, 2006
  4. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    Its like.....If someones company was named "Snow Plowing"

    You cant stop someone else from offering Snow Plowing.

    You see where im going with this?
  5. ECS

    ECS Senior Member
    Messages: 485

    Man with the last name of Jeep had a bar called Jeep's Bar. Got sued by gues who, JEEP. Guess who wone. JEEP. Why, because JEEP was their registered name and trademark.
  6. LLM Ann Arbor

    LLM Ann Arbor Senior Member
    Messages: 876

    Thats baloney and you know it.

    Chrysler wouldnt give two hoots about some dump bar named jeeps especially if thats the guys actual name.
  7. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    Check with a lawyer, but I don't think you can stop someone from using a common phrase. If you have it as a registered name, you may be able to stop them from using it as their name, but I don't know about using it as a phrase.
  8. ECS

    ECS Senior Member
    Messages: 485

    Baloney my ass. Search it out. It did happen and the bar was closed. New owner went in with a different name.
  9. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    A local towing company is called "Scottys' towing"

    On his trucks he had painted, "beam me up scotty" on the stinger.

    He was sued, he LOST, He had to remove from all of his trucks, even though they never said "beam me up Scotty"
    on star-trek..

    No! baloney !!!

    Call your state licensing agency and see if he has a business lic......

    Get a lawyer and have him send a letter to cease and diciest fom using any thing that is close to your businesses name as his name...
    Last edited: Nov 23, 2006
  10. jcesar

    jcesar Senior Member
    from Mi
    Messages: 492

    Call the county clerk. Get a lawyer. Good luck. I think they will tell you that he is allowed to use it, as long as it is not his business name.
  11. spittincobra01

    spittincobra01 Senior Member
    Messages: 193

    it is the opening line in his ad, and no where in the ad does it mention any other name at all. the ad reads exactly line for line:

    "AFFORDABLE snow plowing
    residential and commercial,
    fully insured... then his phone numbers"

    His business name is for another business all together... and like I said not mentioned

    I will call the state licensing board and go from there... maybe they can make him stop and I don't have to fork out for a lawyer

    thank you for all the replies!
    Last edited: Nov 23, 2006
  12. spittincobra01

    spittincobra01 Senior Member
    Messages: 193

    yes LLM I see where you are going, and I'm in no way saying no-one else can use the phrase in an ad, I'm just saying don't list my name as the opening line in your ad and then not mention your companies name anywhere else in that ad.... his should read something like:

    "affordable snow plowing by joe shmo's dock and marine" (his actual company name is a little different but along the idea)

    do you see what I mean?
    Last edited: Nov 23, 2006
  13. NoFearDeere

    NoFearDeere PlowSite.com Addict
    Messages: 1,724

    Yeah, I would contact your local circuit clerk's office or similar; wherever you got your business name certificate from. They should be able to get voluntary compliance out of himonce he hears the legal penalties.....:rolleyes:
  14. cjasonbr

    cjasonbr Senior Member
    from Mass
    Messages: 635

    I think you guys may be missing a key element of this problem. As with the Jeep case - and others mentioned people were using the word in a business name. If this fellow didn't capitalize the words 'Affordable Snow Plowing' - or whatever - then he isn't infringing on your rights of the name. After all you are entitled to the name - which is capitalized. Not the term, 'affordable". Don;t get me wrong - the guys should change the wording so as not be be a dick - but i don't think he's obligated to. - Jason
  15. RYDER

    RYDER Senior Member
    Messages: 281

    Cal the Better Business Burrow.
  16. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,870

    The problem is that you can't stop this guy from telling people that he does affordable snow plowing, I think that you are just going to deal with it. Or, change your company name to something more personal and less vagg.
  17. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,870

    If you do a Google search for the pharse "affordable snow plowing" you get 943,000 results, I think you are going to have to just deal with it.
  18. murray83

    murray83 Senior Member
    Messages: 420

    HaHa I was thinking of getting a few cards made up with "The Happy Hoers" as a slogan for the backhoe work I do on the side but I thought a 60 year old woman who may read it would not get the joke and get offended OR thought I may do "other services" ;) :rolleyes:

    As mentioned above do a search and use common sence on slogans,Affordable Snow Plowing" sounds like a name many in the states may already use and YOU could be the one in for a law suit for now I'd stay low key and tough it out.
  19. spittincobra01

    spittincobra01 Senior Member
    Messages: 193

    did you read my post a few back? all his says is affordable snow plowing... no other name. if he were saying "affordable snow plowing from dan's trucking" or something like that I'd have no problem with him using the phrase to say what services he offers, but he doesn't. his reads exactly:

    "Affordable snow plowing
    residential and commercial,
    fully insured... then his phone numbers"

    I caled the state dept, secretary of state who issues the licenses and they told me what he's doing isn't legal and they are getting into it.

    as I said, I have no problem with someone using the phrase to describe what they do, just make sure you tell who is doing it because if this guy is a hack, it's my name that gets the bad rap.
  20. Tscape

    Tscape Senior Member
    Messages: 829

    Get a new name. That one's lame.