ECN Forum Forums General Topics of the Trade Business Related Discussion Someone using my Co. name

I recentlly came across a newspaper add where a journeyman electrician is using my company name to solicite work in my area. I called him and asked him to stop and told him I had a D.B.A. from the county and what he was doing was not legal. He told me he would not stop using the name, that he also had a D.B.A. from a neighboring county, and that he wasnt doing anything illegal. Do you guys have any advice on how I could get him to stop using my company name. I have been using the name for 3 years and he just popped up 4 months ago with the name. I have a $9000 yellow page add comming out soon and I sure as hell dont want him getting any business because of my add. People may see my add and then see him in the newspaper and think we are the same company. Do you think this is worth changing my compmnay name over to sopmething that no one will ever duplicate, like my initials? Thanks for any help.

Good question for your attorny. I would try to register your name with the state quickly before the other guy. You would have to ask the attorny if that would help your case or if the other guy is grandfathered.

Just because a county DBA is filled I don't think a registered name check is done. I'm guessing I could file a DBA as wallmart and it would go thru.

Corps are different I beleave. The name is registered with the state.

You did not say what the name is but I'm betting is used all over the country.

Good luck,

Tom

Have an attorney send him a letter.

Incorporate under your DBA name before he does.

Adam, when we formed our LLC the lawyers office did a state wide search for like names. This protected us and others from this kind of thing happening. It sounds as though you might need to do so. Around here a D.B.A. is as simple as opening up a checking account at the local bank up D.B.A. you never close the loop to secure the name as your own.

In my area, there are LEAST 3 other contractors with a similar name. This is because we are all Sole Propietors. All perfectly legal.
The only way I know of to get a clear cut distinction is to change your name...from DBA or T/A Adam's Atoms, to a more "corporate" name - Adam's Atoms LLC; Adam's Atoms Inc.; etc. Of course this may change a whole myraid of items and issues for you.

I would NOT change the co. name to Adam Electric, or just use initials...I kind of like that name Adam's Atoms....too bad my name isn't Adam...LOL . It's a clever name and has a hook to it....(I hope mine does to ~ Celtic Electric). Working up an easily recognizable name is not always easy, building a good rep. on that name is also not always easy - changing gears will lose the race, as you, basically, start all over again...no name recognition.

Talk to a CPA to see what the (tax)implications of changing your name to LLC, INC., etc will involve.

If it makes sense(cents) for you to add the initials at the end, then so be it.

...adding the initials, will NOT cause the others to relinquish their DBA or T/A names.

The LLC and INC aren't only name changes. It involves incorporating the business with the state, which checks that there are no existing corporations in that name. I hope you don't lose anything to the competition with your ad.

Dave