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Old 09-05-2012, 05:16 PM   #21
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I think your out of luck. In my state there is a

Scott's Electric inc.
Scott Electric inc
Scott Electronics
Scott's Service
Scott Lighting

I could go on and on with variations of Scott

Just not really that big of deal to me.
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Old 09-05-2012, 05:32 PM   #22
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Quote:
Originally Posted by dronai View Post
You know my name and it's similar to your companies claim. Been good for a lot of years.



Yep. I hate to go to an attorney though. But this will cost me either way.

Your good will and name are only as good as the cash you are willing to pay a lawyer. Oh, and the time it cost you.
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Ah, but I was so much older then, I'm younger than that now
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Old 09-05-2012, 05:35 PM   #23
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Following this one. My name is everything. I hope you get it figured out
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Old 09-05-2012, 05:36 PM   #24
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Trademark your name,then smack em around with it, its allot cheaper about $300.00 max.
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Old 09-05-2012, 05:37 PM   #25
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some names are to generic to be protected you couldn't call yourself Electric Service and then expect protection from a variation on that.
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Old 09-05-2012, 05:39 PM   #26
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I remember two brotherswho owned a HVAC company they had a falling out so one was Smith Heating and Cooling and the other was Smith Cooling and Heating.
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Old 09-05-2012, 05:43 PM   #27
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Then there was Strickland & Sons.. they were a legend in their own mind..
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Old 09-05-2012, 05:59 PM   #28
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Then there was Strickland & Sons.. they were a legend in their own mind..
He had a wad of $20's to prove it.
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Old 09-05-2012, 08:29 PM   #29
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Quote:
Originally Posted by macmikeman View Post
This Saturday call "Handle on The Law" radio show and go public with it. Your in California where the host is really an attorney, so he might be willing to put you on the show.
Heck no !

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Originally Posted by B4T View Post
You should check with the place the issues your license and see what they say about it..

They are using the URL, and in one of their sites implying that's their name. Guy said he would change that page to be their name.

My business name is registered with the county and nobody else in NYS can use it..
Mine also

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Originally Posted by Amish Electrician View Post
OK, I see that it's time to get serious, as the same issues keep coming up!

"Call a lawyer." I can't fault that advice .... but it sure helps to know ahead of time just what the issues are.

Get this book: http://iicle.inreachce.com/Details?m...3-96c7ea3f244a . READ it. It's probably on the shelf at the courthouse law library- even if you're not in Illinois.
You have a trademark issue, and the book explains the various factors that come into play.

In a related manner, IICLE has a couple books specifically aimed at construction companies. They may seem expensive, but they're worth their weight in gold. Well written, plain english, thoroughly researched, and comprehensive,

I only have so much time ! Thx though.


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Originally Posted by yrman View Post
If he sounded concerned you may get him to give it up with just a threat of being a troublemaker. Tell him that you are hiring a lawyer who specializes in this stuff. It is very expensive to fight and they probably already have their own domain for their real website.

It is the seo company who is registering all these cheap geographic based company domain names. After speaking with you I found someone has a site using our company name - electrical, not electric at a .us extension. Same SEO company as your cybersquatter, different EC. Since he is leasing it, he may back off just to avoid a hassle. They may be able to fight since the name is ever so slightly different but I know with domain related lawsuits the courts tend to rule against competetitors using similar domains. The website is more for SEO purposes and it would be cheaper for them to move on than to fight. That is not the name of their company, they just registered the domain.
He told me he doesn't want to get sued,

Quote:
Originally Posted by sbrn33 View Post
I think your out of luck. In my state there is a

Scott's Electric inc.
Scott Electric inc
Scott Electronics
Scott's Service
Scott Lighting

I could go on and on with variations of Scott

Just not really that big of deal to me.
Yes, and no. Mine is a little different, more like a trademark

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Originally Posted by brian john View Post
Your good will and name are only as good as the cash you are willing to pay a lawyer. Oh, and the time it cost you.
Exactly !
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Originally Posted by Louieb View Post
Trademark your name,then smack em around with it, its allot cheaper about $300.00 max.
This may be what I end up doing. The length of time you have had with the name, and the marketing efforts etc. Who was first with the domain name, all contribute to the "legal ownership" according to the attorney I spoke with today.
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Old 09-05-2012, 08:38 PM   #30
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If you purchased a domain that was called Go Daddy.net, and the real Go Daddy site is Go Daddy.com, That does not give you the right to use that name. Even if the ULR is just a link to your own website, which is sells hosting services as well. This would still be a copyright infrigment IMO You would see a big lawsuit coming.
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Old 09-06-2012, 10:22 AM   #31
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" I only have so much time."

Ugh. Can't push a rope. No time to read? Well, content yourself with half- and partly correct answers, wild-eyed guesses, and pure error from the strangers on the forum, then!

To "trademark" something is pretty easy, and cheap. That book I mentioned tells you how. Enforcing the trademark is where it gets complicated.

Among the factors the court will consider are:
- Who had it first;
- Who is really using it;
- What markets are being served;
- Where the name is used;
- Why the name was selected;
- How well known the parties may be;
- How unique the name is;
- How likely it is to cause confusion; and,
- The effects of that confusion.

Sometimes things are slam-dunks, and sometimes they're not. Here are a few 'wins and losses:'

- Burger King expanded to Florida, were a local chain had a 'whaler' sandwich for years. BK had a 'Whaler.' Local chain won protection of the trademark within Florida;

- Robert Taylor, a disinherited member of the Taylor wine family, wanted to market a competing "Robert Taylor" wine. He lost;

- Annheiser-Busch sent Bushmaster Knives - a machete maker - a 'cease and desist' order. Order was overruled. (Oddly enough, Bushmaster Firearms and no issues with there being a Bushmaster Knives as well);

- Exxon, formerly Standard Oil, chose it's new name because it was so unique. When Texas' state oil and gas regulatory agency called itself 'Texon,' Exxon was able to stop them from using the name;

- Godfather Pizza expanded to Chicago, where there was a local 'Godfather Pizza' shop. The local shop had to change their name; the chain did a fine job of showing that the 'business plan' of the local shop was actually based upon shaking the chain down when the chain arrived there;

- Duraflex, a firm that makes diving boards, has not been able to prevent anyone outside their narrow market from using the name 'Duraflex' to describe their rubber materials, their trash containers, their gloves, or any of a myriad of items that have nothing to do with diving boards;

- Colt Firearms has not been able to stop Colt 45 malt liquor.

Simply put, a name like "Acme Enterprises" isn't likely to get much protection. If a man named Digny Fibowitz did electric work, "Digny Fibowitz Electric" would likely get great protection. The longer Digny is in business, and the more widely known he is, the more likely he can claim 'ownership' of the name.

As for the internet, there are other avenues to explore. There are, in fact, rules against 'squatting' on a name. If someone is not in the business, and is not using the name, the internet service provider can take the name away from them. One is not supposed to be able to hold a name for 'ransom.' These efforts have had limited success, mostly where the abuse is particularly obvious. (You're not likely to be able to get away with registering a '123Cokacola.Org' just because the domain is 'available')
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