Has anyone had a business name poached?

Tom Dunlap

Here from the beginning
Administrator
My business was located in the Twin Cities, mostly the NW burbs of Minneapolis. For some reason I did a google on Canopy Tree Care and found a guy with the same name on the southern fringes of the metropolitan seven county area. When I called him and told him my name, not company name, there was silence for a second...to gulp...and then he said, uh, hello?! Sure made me believe he knew what he was up to. I got to the Point and said why are you using my business name. Again silence for a second while he was collecting his thoughts. He said when he started his business just a few years ago he looked at the state registration of business names. And found that I had let my name registration lape with the state.
As I think about it now I think I knew I had let it lapse and was going to re-register and did the Google search.

Without cursing hollering or threatening I told him in no uncertain terms that the name was mine and he had better not be coming into my area to use it or we’re going to end up in court. I told him that the courts don’t look favorably on the name poaching like that. Suicide run my business as canopy tree care since 1979 there could be a chance of very high likelihood of a large settlement in my favor.

Setting that aside I was pulling in a way a big bluff since I had actually let the name registration lapse but I think the courts to do take that into consideration.

Turns out in a year or so he disappeared so that settle that up and I kept up with my name registration.

Has anyone else had experience with named poaching within the area that is your work area?

How did you resolve the issue?

Something similar to this his domain names for the Internet. People buy a domain names and then sell them back to the person with that name for a substantial profit. You can bet Mark and I keep up with registering Treebuzz.com so we don’t have some poacher come in and try to extort the name back to us.
 
Im not sure how it is in your state, but in BC there are registered names (kind of like common law), which multiple people can register under the same name throughout the province. Makes sense, lots of cities
However as soon as you register your name as a corporation (registered nationally), NO ONE is allowed to use a name that’s even similar if there’s a chance the two could be confused

Also here’s a fun clip regarding domain names
 
Yes. Never was able to resolve the name issues. Happened more than once with many of my businesses in the past. One name, a close friend caught wind of the situation and stole the internet addresses...
 
We have a company with the same name from way over yonder that moved into our turf a few years back...so far we have gotten calls from police regarding an accident, pissed off neighbors, unhappy customers, improperly addressed parts orders, and requests to pick up parts on will call billed to our account...the last 2 being in the past month and a half. Our lawyer actually saw them first and warned us, we weren't too concerned at first, but then the problems started escalating...had lawyer look into cease and desist, but they had been in business for too long for us to leaglly do anything...bullshit.
 
If you become aware of someone stealing your $hit and do nothing about it, the courts will assume (rightfully so) that you don't value what was stolen.

At MINIMUM, a "Cease and Desist" letter from a lawyer is a relatively inexpensive way to show the offending party and the legal community that you are the owner and will not tolerate having your property stolen.
 
Tom, after running my own incorporated business for 25 or so years, I think you're best getting in touch with a commercial law firm PDQ - no general practice (divorces, wills, real estate, etc.) but someone who specializes in commercial law. They may invite you in for a pro bono consult but even if they are $350 an hour or more they will be worth it in that they usually will know recent case law/ settlements in your area, etc. It will help to have your own ducks in a row too before you see the lawyer - written details of the issue of the lapsed registration (up here our Company's Branches usually give you two or three letters/ warnings about re-registrations/lapsed names - they don't just cancel your registration right away, knowing what a bunch of absent minded putzes we are up here . . . ), if you are incorporated your minute book, annual returns, etc. Identical names may not be allowed for businesses in identical lines of work, incorporated or not, but your lawyer will know all this stuff (and your jurisdiction/ common law system is different than ours up here). If you have a website with your company name, you might also consider protecting yourself by registering not only the .com but .biz or others so there can be no further 'encroachment'. It will help to have done some field work too - look at their website/ logo/ signs on trucks, letterhead or invoices to grumbling customers if you can get all this. The law firm will want to see how far they've gone. Some ideas. Good luck to you. This business stuff is PITA for sure.
 
I get really indignant when people pull weasel moves that affect others. Poaching a name from a company hundreds of miles away from the originator's work area is one thing. To poach a name that's been in use for years and living onlyl about a fifty minute drive away...WEASEL!

I'm reminded of old cowboy movies where the rustler does a rebrand to steal stock. In those days justice was dealt with harshly with a rope or a bullet. Certainly NOT advocating going back to that! Rustling is rustling and stealing a name by adding 'shrub' to a 'tree care' name is rustling.

With what I've learned over time I'd come up with the name I wanted and go through registration and copyright, dba, etc. Then I'd do the same for a few variations on the same.

This came up oine time and the arbo did all the right things and registered XYZ Tree Care. The weasel came along, in a market right next door and registered XYZ Treecare. Lawyers made a bunch of money settling that one!
 

New threads New posts

Back
Top Bottom