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Joined: Jan 2005
Posts: 5,445 Likes: 3
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Well, the papers are in, and the fees paid ... I ought to receive a license Monday.
My first attempt to post bond failed ... because the paperwork was handwritten, and not typed. That is, the agent filled in the blanks on the board-supplied form by hand, rather than typing. Bureaucracy in inaction.
I still have hoops to jump through with the city and the state.
I am -temporarily- without workmans' comp. lacking employees, I am not REQUIRED to have it ... so I signed the waiver just to get the paper moving on the license. I am actively seeking a carrier. The eagerness of some agents is beginning to scare me.
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Joined: Aug 2001
Posts: 466 Likes: 1
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Strange to hear that there is no limit to companies with the same name. Over here years ago there was a shoe store and a clothing store with the same first name. I believe one was forced to add a line stating that they were not associated with the other so consumers did not get confused.
When I went to register my company the State did a check to see if the name was available.Luckily it was, otherwise I would have needed another name for the company. They also checked for similar names so no one would get confused.
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Joined: Jan 2005
Posts: 5,445 Likes: 3
OP
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Jim, it can be a touchy situation, and many millions of dollars have been earned by the lawyers in trademark cases. Because the name of a business is the ultimate trademark.
The example you cited had one crucial detail: there were two actual business using either the same name, or a name so similar as to cause confusion. Other factors also come into play ... for example, whether they share a market, are in similar lines of work, just how unique the name may be, etc.
The local guy doesn't have a business, by definition, as he hasn't asked for a business license. He's not, in any way, involved in the electrical trade. Nor is he Amish. He's not Amish, Not electrical, and not a business. At most, his filing a "dba" was wishful thinking, that never ripened.
The Illinois guy took advantage of the early internet to grab up web names, with the intent of selling them at a premium. He was banking on a 'first come, first titled' practice by the internet providers. There was once a time when 'net squatters' would register every possible name to themselves .... many large companies found themselves fighting for the right to use their own names, names that they had been using for generations. A few laws, court cases, and political efforts later, the internet providers saw the wisdom in restoring some sanity to the mess. Today, you're not allowed to simply hold a name. While the requirements are trivial, and easy to meet, you need to have some claim to the name beyond registering it. Probably the biggest blow to the domain squatters was the opening of new domains. No longer are you limited to "com;" there are 'biz,' 'net,' 'us,' and a multitude of others. While I could probably force the guy to surrender the name (I have the business, and he doesn't) ... the easiest thing for me to do was to take the 'biz' and 'net' domains.
While a bit dated - it was published before the internet revolution - the best work I've seen on this topic is the book "Intellectual Property Law," published by the Illinois Institute of Continuing Legal Education.
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Joined: Jan 2005
Posts: 5,445 Likes: 3
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Well ... it finally came through.
"Amish Electric" has been issued Nevada contractors' license #71487. This is a C-2 electrical contracting license, unlimited as to type of electrical work.
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Joined: Jul 2004
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Greg Fretwell
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Joined: Jan 2005
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So far, the response has been surprising - in several ways. Just for bragging, I've given business cards to several long-time acquaintances. A surprising number have immediately asked me to do some work. I'm spending quite a bit of time scouting jobs this week. One of my customers took me to a breakfast, held weekly, by his networking group. Not a bad show, no long speeches or sales pitches, business cards passed around. Amazingly enough, it seems the guy in the group doing home remodels is completely lacking in any contracting licenses I'll have to look a bit more carefully before I leap in with that group!
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Joined: Jul 2004
Posts: 9,931 Likes: 34
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My guess is the guy "doing" home improvements is selling/brokering GCs. He is either letting them run the job or he is just using their license to pull permits. That is really how most national builders work. Centex just had a GC on staff that they used for all the permits and everyone else (the people who actually build the houses) was some kind of manager.
Greg Fretwell
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Joined: Jan 2005
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I hope you're right .... but I would have thought he would have been interested in meeting the only sparky in the group. Besides electrical work, his card also claimed plumbing - another specialty license.
However you slice it, it's not a promising start!
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Joined: Jul 2004
Posts: 9,931 Likes: 34
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It depends. If he is on the up and up and is only brokering licensed trades it might be a good thing ... if he is a good salesman. At a certain point everyone needs a rainmaker from time to time to go out there and drum up some business. If this guy is willing to sell the job, deal with the customer and be sure to get the check he may be valuable to all of you. Maybe I am just too optimistic If I am wrong you can always drop a dime on him.
Greg Fretwell
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Joined: Jan 2005
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As I said, I will check further.
It's a pretty fine line ... there's a term for the person who hires contractors to do a job; we call them "General contractors," and they need to be licensed. Sure, there is some 'wiggle room' for others, such as architects, property managers, realtors, interior designers, etc. My preliminary chat with the contractors' board suggests that THEIR opinion is that the guy needs a GC license.
However it shakes out, it is a lesson on point: not everyone you meet is necessarily your friend. Or, as an old saying has it: Trust your mother- but still cut the deck!
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Posts: 31
Joined: December 2011
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