Warning - this is a little bit of a rant. Please forgive me if this is TOTALLY off subject for this forum.

My business is being sued. For the name. And being a small company, we are being forced to change our name and corporate identity. And this just after we paid for our next year's 'Yellow Pages' ads in two local books.

I am feeling very put-upon right now. And for someone who has more ammo than sence, that can be a problem. And no, I have never used a wepon or tool in anger - but I am close.

The thing is - there are many other companies in the USA who have the same name, and we have never interfered/competed with ANY of them directly. We even met with some of their techs and traded stories with no problems.

It is a 'survival' situation that broadsided us. It is the companies' survival, and being a small business owner, a possible household survival situation, too. But no matter what I pack in my BOB, I can't bug out and make it better.

This is more of a need for a shoulder outside the situation than a want for help... though if anyone has suggetions, of a legal veriety, it would be welcome.

GGGGAAAAHHHHHH!!!!

Rena

(sometimes I hate my life)

<img src="/images/graemlins/confused.gif" alt="" />

Survivalgene:

You aren't seeing the forest for the trees.

I am not a lawyer, but it occurs to me that if you paid for your name in the yellow pages for the next year before the "cease & desist" demand came, you have a whole year of coverage and advertising that you might not otherwise have. They don't change the books in midstream and if the printing has been finalized, your adversary should be at a disadvantage. In the mean time, get a proprietory name and anyone and everyone that calls should be peppered with advertising of your new name, even more so if they do not do business with you.

After you send them the new name cards, letters, whatever, call them up and ask if they got what you sent. Do not tell them why you changed your name unless you are under some sort of legal order to do so. Send them poems, cards, candy hearts, anything with your new legal name for any reason you can think of.

Good luck!

Bountyhunter

Where I lived growing up there was an organic/veggie restuarant that served burgers, McDarma's. The place was a hippie joint and no one could EVER confuse it with McDonalds. But McDonalds did sue (big guns vs. little or no guns) and won, forcing McDarma's to change it's name. Created a lot of bad press for McDonalds.

Rena:

Whoa, slow down a bit and take a very deep breath. Ok, now I am not, I repeat NOT an attorney, so my advice will not be legal speak.

The one thing I am most certain of is make the other company an offer and see if they counter offer (like when buying a house) Point out the associated costs involved with changing your name e.g. Stationary changes and notifying customers.

Retain an attorney (you may already have) and follow their advice. Be patient, the legal process can be rather slow. Demonstrate a willingness to cooperate. Those can also be initial offers. Be professional, if your attorney says to appear for arbitration wearing a nice blouse and a skirt, then by all means do it! Don’t show up with blue jeans and a faded T-shirt, even if that is everyday wear.

Keep your chin up and smile. It will do wonders for you in front of the other side. When I first became an EMT years ago the instructor once said we would probably get sued over our attitude before our actions. “Most patients, he said, don’t know a thing about what your supposed to be doing, but if you mistreat them, or deny them dignity they will remember this and sue you. If all else fails, smile and show them you care.”

Saying you hate your life is understandable at times like this. Don’t do anything rash and force us to read about it on CNN, hate is after all a very strong word and emotion. Take a break from the forum, the Internet and resolve this problem. Then come back and talk to us again.

Take care,

Stargazer

Rena - welcome to the great underground American welfare society, also known as our legal system. Before you throw up your hands in despair, there are a few things you can try. I’m not a lawyer either, but BTDTDGTTS.
1 – How long have you had your company name and how long has it been in the public domain, such as the Yellow Pages? Prior use can go a long way toward defeating these mindless claims.
2 – The main issue is how likely the names are to be confused, as I’m sure you’ve discovered. It sounds like your company’s name is like a lot of others, so that pretty much negates that argument.
3 – Have you taken any steps to trademark your name with the state (forget the feds, it’s a nightmare, ask Doug about that)? Many Secretary of State offices will do that for a nominal fee. That is some protection again this type of crap.
All of that said, find a lawyer who will do some things for a set fee, probably less than $1,000 – draft an answer to this lawsuit asking for summary dismissal because it is meritless, write a letter/contact the other party’s lawyer to work out a compromise, and above all, don’t give in. Many of these types of suits are extortion, pure and simple, by someone looking to make an easy buck. Time is on your side.

Thank you all for putting up with me, and your support.

Yes, we have a lawyer(I love having Pre-Paid Legal).
Yes, we registered in the State for the trademark of our name, but they registered within a month Nationally.
We may have confused some of our customers that moved into the area that the others have shops - since we have great service and stuff, they were expecting great service from them, too... not that I am saying that we had reports back about crappy service or anything...

We will be changing our name, partially because of the other groups' big lawyers, but also for other reasons. We have been around long enough that it is time to shake things up.

or something...


Rena

There's a company in town (two blocks from my condo, actually) called "Phil's Ice Cream". They used to be called "Philip's Ice Cream" (the owner's name was Philip) until they got sued by a local restaurant (IIRC), also named "Philip's". They fought it and lost, and had to change their name.

The result? Huge demonstrations of support from their existing loyal customers, lots of free publicity, a new name that's easier to remember, and a thriving business.

Shakespeare said it best:
"What's in a name? That which we call a rose
By any other name would smell as sweet." @>-'-,-

We are changing our name, and our website lists exactly why. I wanted to have a count of everything we had to change(bills, advertizing, etc.) and how much it cost, but they guys said that would be too derisive. Ya, right.

Rena