Two businesses with same name

[Steve]

Originally Posted by [b Quote[/b] ]Quote (Team Gopher @ Nov. 06 2007,3:39) Quote I do not know how long The Other Side Landscaping has been in business...maybe I should try and find out??? From their site "The Other Side Landscaping was founded in January of 2004 by Michael H. Kennedy" Quote But if we both grow *sighs* I don't know??? I think there is a potential for problems as you both grow. For instance: now what if they do a bad job and people think yours is the same company? I think it is good though that you are aware of this. When you look at the map you can see how a radius of 15 miles makes your service areas overlap. That really isn't too big of an area either. Which I mean there is a potential for problems. I think sooner or later someone will be sending the other a letter on this issue. What do you think a letter should include??? Should maybe I contact them and see if maybe we can work together...perhaps refer customers to each other??? I just don't know and would appreciate any ideas or suggestions. I do offer my apologies for taking this totally off topic. Perhaps you could answer me in a new topic so we can get this one back on track??? The more I talk about this the more concerned I get Where did you find their founded info.? I have searched the site and can't see it. I did see on their employment area that they have been in operation for four years... Looks like we both started up the same year. It also looks like that maybe they started up with more funds available and have had better growth than we have... From the site it appears that they have employees and crews while we are still just my husband, son, and me. I do know that we had our website first...but that doesn't help me feel any better. I too think we are a little close for comfort. You make a real good point about what if they do a bad job or vice versa and it gives the other a bad reputation... I too think that it is good that at least we know and wonder if they know about us??? I just don't know what steps I should take to address this??? What if this were to happen to you??? what would you do as a LCO if someone opened up another LCO at the same time as you with a VERY similiar name??? You mentioned that sooner or later one or the other would be sending a letter out to address this issue... What do you think a letter such as this should include??? I keep thinking that maybe we could network and perhaps send customers that are outside our service areas to each other but I don't know??? What I do know is that I have taken this thread totally off topic so maybe when you answer you can start another thread??? That way I can get the advice and suggestions that I really would appreciate and this thread can get back on topic... The more I think about this the more concerned I get... Ultimately, this is something that you would have a lawyer do. You would do a little investigation work. Find out when they registered their business. Was it before or after you. Are they incorporated with the state? Are you? A lawyer will be able to advise you based on Texas law who was there first and has the right to use the name. This really is a good issue you brought up. You can put it off, but you will need to keep it in the back of your mind, if they had the name first, they could force you to change it. How would that effect your business? These are things to consider. I don't know if the TX counties have these business records online or not, but you could look into it and investigate it further. Then if you were registered first, you would have better standing. Let me know what you think.

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you can acess the secretary of state corporation division and probably do a name search. *You should register your name at the state you live in. *It is a simple form to register a trade name or llc. As far as 2 companies w/ the same name in the same state.*I got a call this summer from a very upset person swearing and stating that i broke his window and left the neighborhood. *I got him to calm down and explained I had insurance etc. *When I asked where he lived I didnt recognise the neighborhood, I asked what town etc. *Turns out he called information for the phone number only seeing the name on the other guys truck. *Guess what he had the same buisness name but if you call info the phone company gives my number because I am registered w/ the state and have that as my buisness number. *I have to hire a lawyer and file a court order because he cant use the name I registered. *It could be very bad for buisness. If the company is in another state they can have the same name but cant register in your state.

[Steve]

Keep us posted on how this goes. Do you have any idea if this other company will have to pay your legal fees for this or no?

Well I havent crossed that bridge yet, its on my very long to do list. we dont work in the same area so it hasnt affected me financially yet. If I could sue for some type of damages ie: loss of buisness then the fees would be built into the settlement.