Discussion Thought I knew this answer......................

[Gino]

Doing a truck, trailer and job signs for a new customer. He sent me his logo and asked me to size it up and give him a firm cost. I did and we agreed to start. Got the deposit, yesterday. However, I then asked him, how is he allowed to use the name he chose ?? The name is "Pro Cuts". I said, that name is being used by hairdressers, lawn people, landscapers and construction companies all over the place. He said his lawyer did a check and there are no other business in the state of Penna, using this name in his profession. He's safe to use it.

• First, I didn't know it only pertained to your own state. I thought it went from coast to coast.
• Next, I didn't know it only pertained to your exact profession. I thought a name could not be used, regardless of anything, as long as it's registered.

Now, I'm not gonna get into it with him, as he had a team of attorneys check it out and tell him to proceed. I'm just wondering for my own peace of mind.

Gino​

 

[equippaint]

Its within a trade area and only applies to the profession. How many taste of italy or china wok restaurants are there? On a national level Bobcat pops into my head, 1 makes compact construction equipment, the other zero turn mowers

 

[Pixels Are Bad Mmmkay?]

Not going to get into it with him? Your own piece of mind? I'm not sure why you would even care.

 

[Gino]

Not going to get into it with him? Your own piece of mind? I'm not sure why you would even care.

I don't care for his sake, as we already have the job and will be doing it in a week or two, but I'd like to know for my own sake how this portion of copyright or name search works.

I knew of a company (in PA) which was sued by another from Nevada and given I think 10 days to remove all of their name paraphernalia as it appeared to confuse this business with them and they weren't remotely in the same line of work, other than dealing with people, but most businesses do deal with people at some level. Two totally unlike businesses and from east coast to basically west coast separated. This was long before internet and computers. This was around 1973. SInce then, I heard where TOYS-R-US sued other businesses for using similar looking names...... again because of a name.
​

That's all. I'm not concerned for him, but my own knowledge.

 

[Andy D]

Not going to get into it with him? Your own piece of mind? I'm not sure why you would even care.

Agreed, I have never given a second thought to a companies name... As long as I'm not using a registered logo, they can call themselves Coke , for all I care.

 

[Andy D]

But I have been known to be wrong before.... Has the state issued them a business licence in that name?
How would it come back on you?

 

[KMC]

it is a grey area regarding branding / business names and usually goes on a case by case bases depending on size of the business and if the original one will be possibly moving into that state in their future business plan and how much money they have to 'bully' you into changing your branding even if you were there 30ish years before

 

[Andy D]

it is a grey area regarding branding / business names and usually goes on a case by case bases depending on size of the business and if the original one will be possibly moving into that state in their future business plan and how much money they have to 'bully' you into changing your branding even if you were there 30ish years before

Yeah, but how that would effect anyone doing their signs, stationary, etc.?

 

[KMC]

Yeah, but how that would effect anyone doing their signs, stationary, etc.?

1. you get to do and get paid for the job the original time around
2. you get more money if they (the customer) didn't do their homework correctly to re brand (and on the plus side of that you will already have their measurements if you need to replace a sign / graphics so you don't have to waist time on a site-check)

either way its win-win for sign companies

 

[Gino]

Not sure how we got off on this tangent, but all I did was to say to the people, hey, ya know that name is already being used and when I googled it, it was being used by more people than I figured on.

Again, it does not affect me, I was just asking him and he gave me his lawyer's answer, which I didn't believe to be true. Therefore, I thought I'd appraoch the committee here at s101..... and get the real scoop.

 

[Andy D]

1. you get to do and get paid for the job the original time around
2. you get more money if they (the customer) didn't do their homework correctly to re brand (and on the plus side of that you will already have their measurements if you need to replace a sign / graphics so you don't have to waist time on a site-check)

either way its win-win for sign companies

LOL, come think of it, that very thing happened to us, at a place I used to work... We made a large neon sign for Betty Boot's And they we forced to change their name to Broadway Boots 6 months later
& we got paid twice:

 

[papabud]

with out being a lawyer its really hard to decide right or wqrong. thats what a judge is for. and they can go many ways with even a simple case.
i know you can not reproduce someone elses branded logo.
but a name can be similar and not violate the law.
i know xerox sued xbox over their logo not long ago.
jeep sued hummer over the shape of the front grill
so with out having a law degree in business you really have a hard job of trying to decide if your doing something right or wrong.
i would simply just treat it like any generic graphic

 

[equippaint]

I don't care for his sake, as we already have the job and will be doing it in a week or two, but I'd like to know for my own sake how this portion of copyright or name search works.

I knew of a company (in PA) which was sued by another from Nevada and given I think 10 days to remove all of their name paraphernalia as it appeared to confuse this business with them and they weren't remotely in the same line of work, other than dealing with people, but most businesses do deal with people at some level. Two totally unlike businesses and from east coast to basically west coast separated. This was long before internet and computers. This was around 1973. SInce then, I heard where TOYS-R-US sued other businesses for using similar looking names...... again because of a name.
​

That's all. I'm not concerned for him, but my own knowledge.

Create confusion is the key legal grounds for a case like this. There was a strip club down my way called The Adult Depot with a sign that was a knockoff of Home Depot. They may have gotten sued or possibly just threatened but they had to take it down. Not that there would be confusion to any normal person but the fact they used depot with the known HD logo showed intent of some sort.

 

[Andy D]

Not sure how we got off on this tangent, but all I did was to say to the people, hey, ya know that name is already being used and when I googled it, it was being used by more people than I figured on.

Again, it does not affect me, I was just asking him and he gave me his lawyer's answer, which I didn't believe to be true. Therefore, I thought I'd appraoch the committee here at s101..... and get the real scoop.

Sorry for misunderstanding...

 

[SignosaurusRex]

1) Your customer's attorneys may know nothing of Trademark law which could put your customer in a pinch down the road. Your customer needs an attorney that specializes in Trademark Law and has done the research necessary to protect your customer. If not, your customer can find himself in a costly mess.
2) Licenses are issued to new businesses with the same name as existing companies with same said name. It's not up to the state to determine the ramifications to your customer and the state can't be held liable.
3) Get full final payment immediately upon completion.

 

[EffectiveCause]

When you register your business name with the state it only applies to the state you register it in. If you want it to apply coast to coast you have to register it as a Trademark or Registered Logo.

 

[Andy D]

It's not up to the state to determine the ramifications to your customer and the state can't be held liable.

Of course not, why should they be responsible or have to do something for their free money....

 

[2B]

Its within a trade area and only applies to the profession. How many taste of italy or china wok restaurants are there? On a national level Bobcat pops into my head, 1 makes compact construction equipment, the other zero turn mowers

The same thing for "Hustler" one is a magazine kept hidden under your bed and the other is a zero turn mower.

in our experience, it come down to what services you are providing.

• creative design services - don't copy brands/names already out there.
• production from provided artwork - smile nod, make what they want with what they provide and on to the next project.

 

[Andy D]

The same thing for "Hustler" one is a magazine kept hidden under your bed and the other is a zero turn mower.

But they both have to trim up around bushes...so they have that in common

 

[signage]

Come on Gino every one knows Lawyers and Doctors are not professionals they only practice!

And this is done at your or the clients expense.