Companies With "The Same Name"....lol - Drywall - Contractor Talk

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

 
Thread Tools Search this Thread Display Modes
Old 04-22-2007, 04:03 PM   #1
 
1KingOfDrywall's Avatar
 
Join Date: Jan 2007
Posts: 157
Rewards Points: 150

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


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
1KingOfDrywall is offline  

Warning: The topics covered on this site include activities in which there exists the potential for serious injury or death. ContractorTalk.com DOES NOT guarantee the accuracy or completeness of any information contained on this site. Always use proper safety precaution and reference reliable outside sources before attempting any construction or remodeling task!

   

Advertisement

 

Old 04-22-2007, 04:10 PM   #2
Commercial Contractor
 
Mud Master's Avatar
 
Trade: Commercial General Contractor
Join Date: Feb 2007
Location: Baltimore, MD
Posts: 2,025
Rewards Points: 1,000

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


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.

Advertisement

__________________
Quote:
Originally Posted by katoman View Post
And when the day is done, I can look myself in the mirror, with pride, and say " you're a craftsman, well done. "
Mud Master is offline  
Old 04-22-2007, 05:06 PM   #3
 
1KingOfDrywall's Avatar
 
Join Date: Jan 2007
Posts: 157
Rewards Points: 150

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


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
1KingOfDrywall is offline  
Sponsored Links
Advertisement
 
Old 04-22-2007, 05:18 PM   #4
Celtic's #1 Fan
 
mahlere's Avatar
 
Trade: electrical
Join Date: Aug 2006
Posts: 2,582
Rewards Points: 2,000

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


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?
mahlere is offline  
Old 04-22-2007, 05:52 PM   #5
Moderator
 
Double-A's Avatar
 
Trade: GC - Remodeling Specialists
Join Date: Jul 2006
Location: Arkansas
Posts: 4,617
Rewards Points: 2,000

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


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.
__________________
"My clients’ wishes are the center of my attention." -- David Guido, a contractor in Woodstock, N.Y.
New York Times, July 20, 2006
Double-A is offline  
Old 04-22-2007, 08:07 PM   #6
Pro
 
AtlanticWBConst's Avatar
 
Trade: Lic. GC/Remodr - Commercial/Residential/Industrial
Join Date: Mar 2006
Location: New England
Posts: 2,703
Rewards Points: 2,000

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


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/showthread.php?t=20898
__________________
- Build Well -
AtlanticWBConst is offline  
Old 04-22-2007, 08:22 PM   #7
Remodeler
 
MinConst's Avatar
 
Trade: Remodeler
Join Date: Oct 2004
Location: Spring Hill, Florida
Posts: 824
Rewards Points: 502

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


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.
__________________
Paul
Minichillo's Construction
Website
I will never leave you hanging!
MinConst is offline  
Old 04-22-2007, 08:23 PM   #8
 
muddjim's Avatar
 
Join Date: Apr 2007
Posts: 13
Rewards Points: 10

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


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
muddjim is offline  
Old 04-22-2007, 09:19 PM   #9
 
1KingOfDrywall's Avatar
 
Join Date: Jan 2007
Posts: 157
Rewards Points: 150

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


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.
1KingOfDrywall is offline  
Old 04-22-2007, 09:28 PM   #10
Pro
 
Mike Finley's Avatar
 
Trade: Bathroom Remodeling
Join Date: Apr 2004
Location: Littleton, Colorado
Posts: 14,078
Rewards Points: 2,000

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


Quote:
Originally Posted by 1KingOfDrywall View Post
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
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.

Last edited by Mike Finley; 04-22-2007 at 09:31 PM.
Mike Finley is offline  
Old 04-23-2007, 10:33 AM   #11
 
1KingOfDrywall's Avatar
 
Join Date: Jan 2007
Posts: 157
Rewards Points: 150

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


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.
1KingOfDrywall is offline  
Old 05-06-2007, 05:38 PM   #12
 
Tmrrptr's Avatar
 
Join Date: Mar 2007
Posts: 490
Rewards Points: 250

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


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
Tmrrptr is offline  
Old 05-06-2007, 06:22 PM   #13
Pro
 
AmeliaP's Avatar
 
Trade: Masonry
Join Date: Apr 2007
Location: Shohola, PA
Posts: 1,527
Rewards Points: 1,624

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


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.
AmeliaP is offline  
Old 05-06-2007, 06:57 PM   #14
Pro
 
POOLMANinCT's Avatar
 
Trade: Swimming Pool Contractor
Join Date: Oct 2006
Posts: 2,169
Rewards Points: 1,008

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


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
__________________
......Less with the jaw & More with the paw.....
POOLMANinCT is offline  
Old 05-09-2007, 09:16 PM   #15
New Guy
 
SL-DRYWALL's Avatar
 
Trade: contractor drywall
Join Date: Mar 2007
Posts: 23
Rewards Points: 10

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


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

Last edited by SL-DRYWALL; 05-09-2007 at 09:21 PM.
SL-DRYWALL is offline  
Old 06-29-2007, 12:06 PM   #16
Superior Firepower
 
skyhook's Avatar
 
Trade: GC HVAC/R Lic. since 1985
Join Date: Mar 2007
Location: 3,077' above sea level
Posts: 5,089
Rewards Points: 3,880

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


A trademark or copyright might help.

Advertisement

skyhook is offline  


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Payroll/Employee Leasing Companies - Who do you use? What do you think? moviml8 Business 10 05-14-2008 05:32 PM
Seasonal companies - so how do you do it? Mike Finley General Discussion 8 07-10-2007 02:23 PM
Legitimate companies and their online names rino1494 Off Topic (Non Trade) 6 04-04-2007 09:12 PM
Best/Worst Window Companies? JoeBergess Windows, Siding and Doors 1 03-23-2007 09:39 PM
insurance companies and storm damage mikefromcincy Roofing 4 10-22-2005 04:39 PM

Join Now... It's Fast and FREE!

I am a professional contractor
I am a DIY Homeowner
Drywall Talk is for
PROFESSIONAL CONTRACTORS ONLY!

At DrywallTalk.com we cater exlusivly to professional contractors who make their living as a contractor. Knowing that many homeowners and DIYers are looking for a community to call home, we've created www.DIYChatroom.com DIY Chatroom is full of helpful advices and perfect for DIY homeowners.

Redirecing in 10 seconds
No Thanks
terms of service

Already Have an Account?