Companies With "The Same Name"....lol

1KingOfDrywall

Just a quick question or Survey. Be as truthful as possible. How concerned would you be if a company clear on the other side of the united states accidentally used the same name as your company? Keep in mind there is zero chance of any confusion in the market place and the other company has absolutely no inteference with yours whatsoever? I think he has small male organs.
The attorney acts as if he is a real big investigator reading all my posts etc.
Wasting his clients money is all he's doing. This jokester made the comment to me that "he get's paid no matter what"......whether by me or his client....lol Well.....not by me he ain't. All my outrage aside, am I in the wrong here? I mean I have bent over backwards to comply. The website www.TheDrywallKing.net is staying,but i have changed the company name. Just the domain name is staying the same. I told this guy he'd have a better chance donating his money to a church and doing something useful. This guy is a total waste of human life. The nerve of some people. Always worried about "their rights". I am reporting his attorney to the bar association for the comments he made to me. He could care less about his client.....just the money. Thats why they say Attorneys are blood suckers. His client is probably all excited about some resolution or action that is never going to materialize.He's simply wasting his time and money. Asb "the king" always ends his posts .....lol

Mud Master

I think there is some company in Cleveland called..Evergreen Drywall..

He has a website and email..

So instead of using a ".com" for my email I just have to use ".net"..

Oh, plus I am "Evergreen Drywall & Finish, LLC" as where this guy is just "Evergreen Drywall" to my knowledge..plus I am mainly commercial, where I think this guy(from his website) is all residential, and does not offer the services I do.

12 years in business and I have never had any confusion.

Good luck with your situation though King, some guys can just be total D*CKS.

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1KingOfDrywall

as I said, I had no misguided intentions. Previously I wanted to sell tools and everything online, and I actually refrained from doing that just to make an honest showing of good faith. My situation sounds close to yours. he has a .com and I have a .net I didn't do it to "infringe" on anything. This guy is really testing my patience. I am trying not to lose my temper here.... but the balls of some people. ya know what I mean?...lol.
People like this are a waste. People are out there starving in the world and he wants to take a shot at "the king"......what a waste of money and effort.
www.TheDrywallKing.net it ain't done, but as you can see how the hell is this "cutting in" on his action??? It's for my local customers. What a Googootz....lmao

mahlere

same state? if not, tell the attorney to go screw the goat...

right here in our area, there are 2 electrical contractors with almost the exact same name. One is ******** Electrical Service (been around 50 yrs) the other is *********Electric, Inc. (been around 3-4 yrs)

Perfectly legal in this state. Nothing they can do.

Why is some attorney from 17 states away worrying?

Double-A

If his attorney can't quote you tort he can go pound sand as far as I would be concerned. I'd go so far as to file a harassment complaint with the local police and the state bar if he's not licensed to practice law in your state.

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"My clients’ wishes are the center of my attention." -- David Guido, a contractor in Woodstock, N.Y.
New York Times, July 20, 2006

AtlanticWBConst

King, I had a similar discussion with a member a few weeks ago. Some bums were using a name VERY similar to ours in the same county...last year...(if you are incorporated, then you have nothing to worry about)

Link to discussion:

http://www.contractortalk.com/f16/trademarks-20898/

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- Build Well -

MinConst

I had this issue come up a few years ago in a totally different business. I was selling hair care products for my wife Cher(yle) and was calling the site and products Cher's Hair Care. I got a letter from the Cher of Sunny and Cher fame telling me I was breaking trademark laws. I complied as we weren't making any money at it anyway., But kept the domain name. They expected to get that also. I just spelled it all out in a letter and never heard any more bout it. Trademarks are different and if none is there you shouldn't have any problem.

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Paul
Minichillo's Construction
Website
I will never leave you hanging!

muddjim

Hey King
In case your interested in Ontario, the law goes that ,co. names ok to be same as long as not at the same address.
So lawyers .... they gotta stir it up to make a living , doesn't seem like an honest one.
Can you imagine a litigators hell,? Thankfully not
Muddjim
Best Wishes

1KingOfDrywall

as I said i did want an unbiased opinion here. The bottom line is in some situations like AtlanticsWB for example it makes perfect sense. I mean "imitating" or trying to confuse people in the market place is completely in my opinion grounds for legal action. BUT BEFORE ME.....HAVE ANY OF YOU EVEN HEARD OF HIM? or the company?? He has some ego. He is not so much as a dot on a map. I stopped everything else as a show of good faith and than he "demanded" I stop using www.TheDrywallKing.net Well, I certainly am not unless a higher authority does it for me, but I will not willfully do it. I know what my intentions were and trust me, it ain't to act like this moron. People here in my town always referred to me as "The drwall king" so I thought it was amusing to get the domain name. Oh well.....you guys know who "The Real" Drywall King is Right?....lol I guess you win some-you lose some. He keeps talking about "his rights". ? I am trying so hard to not lose my temper or patience with this guy....he is wearing me thin.I am unfamiliar with dealing with people of his stupidity. Oh well...I always end on a positive note Thanks again guys for your input.

Mike Finley

Use of a name doesn't give somebody automatic rights to it. In a state it usually does based upon regestration with the state such as a corporation. Across the country nobody gets the automatic rights to a name just because they are using it. Even using it first isn't automatic rights to it nation wide by anymeans, the test when push comes to shove could easily be much different then first use. Somebody could use a name for 20 years in another state and if you start using it and register it nationwide you could very well force them to change their name.

One thing I have learned over time is nobody ever wants to go to court, 99.99% of all 'cases' are never brought to trial before a judge they are settled before. Therefore 100% of attorneys will blow up their chest with air and get their feathers all plummed up and throw around all kinds of scare tatics to get you to give in. ESPECIALLY when they know they have no legal ground to stand on.

In poker it's called a bluff. Attorney's call it - another day at the office.

It's a fact that there are many, many, many companies with identical names opperating in all 50 states without any legal issues. It's once somebody goes national with their business that the troubles can start.

When you gave up an inch by giving up your domain name all you did was signal them they could take a mile, because they had somebody they could push around who didn't know his rights.

1KingOfDrywall

Unless a court does it for me, I will not either. I simply felt that because he does sell products online that perhaps his point is partially validated. As a show of good faith I decided not to sell products off the www.TheDrywalKing.net web site. When it's finished I will just use it as some simple-stupid home page for my local customers to look at some of our work. I hope the idiot didn't mistaken my kindness for a weekness. To my knowledge he does have the name trademarked, but there are different types of trademarking. I certainly ain't making anything off "his good name". Oh well. What are you gonna do.
I wish I could have 5 minutes alone with that attorney.....lol. I have alot on my mind.

Tmrrptr

little king,

mike finley post is pretty close to correct, from what I recall when I was asked to learn about the subject.

The bottom feeding parasite established a precedent on behalf of his client who may, or may not, want to expand his little mud biz, someday, to selling T-shirts with a logo on them worldwide via the internet or wallyworld.

You could have put your foot down and told the landshark, "NO WAY, I have used this name for 20yrs as a trade mark or service mark, it's on my trucks, checking acct, and biz license. And I am going to sell tools and T-shirts world wide."

THEN, the battle starts.
Usually won by whoever has the most money...

You won't have any trouble in your little berg, in your part of the country, especially since you've agreed not to give him any trouble!
r

AmeliaP

The domain name should be yours. The only cases I ever saw where it was taken away were in squatting cases, ex Madonna.com. Keep it. He's an idiot....and ya, probably has genitals that resemble a little bird in a nest. - That is Ann Lamotts line not mine, I wish I was so clever.

POOLMANinCT

I'm am in connecticut, there is an outfit in florida by the same name. they had it before I was born. I've met the owner at conventions & all he hadto saw "great name for a company"

only one instance was it a headache for us, we use a vendor w. braches all over the east coast..
46k of my custom material went to florida &
a truck of his chemical went to connecticut...
needless to say it was a bonehead at vendor who had orders shipped & was too lazy to look up customer #s...
other than that no sweat

ray

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......Less with the jaw & More with the paw.....

SL-DRYWALL

how can you send private messages here ? king send me a message if you can

skyhook

A trademark or copyright might help.

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