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Daycare Center and Family Home Forum>Another Using My Daycare Name
KIDZRMYBIZ 10:06 AM 04-07-2016
I discovered another daycare provider advertising on the same FB page I use with exactly the same daycare name as mine. Exactly. And the name is distictive in the way it is written out.
Yes, imitation is the most sincere form of flattery. However, I have the trade name registered with the Secretary of State's office. I went to the trouble and expense to do this, just so no one else could use it. I sent the provider a polite note via PM on FB, but she has not responded, nor has she altered her ad. Her pics show she has quite a bit invested with this name already, but I guess she should have checked.
Does anyone have advise or wording to pursue this further, hopefully without the expense of involving an attorney?
Yes, imitation is the most sincere form of flattery. However, I have the trade name registered with the Secretary of State's office. I went to the trouble and expense to do this, just so no one else could use it. I sent the provider a polite note via PM on FB, but she has not responded, nor has she altered her ad. Her pics show she has quite a bit invested with this name already, but I guess she should have checked.
Does anyone have advise or wording to pursue this further, hopefully without the expense of involving an attorney?
Thriftylady 10:08 AM 04-07-2016
Originally Posted by KIDZRMYBIZ:
I discovered another daycare provider advertising on the same FB page I use with exactly the same daycare name as mine. Exactly. And the name is distictive in the way it is written out.
Yes, imitation is the most sincere form of flattery. However, I have the trade name registered with the Secretary of State's office. I went to the trouble and expense to do this, just so no one else could use it. I sent the provider a polite note via PM on FB, but she has not responded, nor has she altered her ad. Her pics show she has quite a bit invested with this name already, but I guess she should have checked.
Does anyone have advise or wording to pursue this further, hopefully without the expense of involving an attorney?
Can you find an address to send a certified letter?I discovered another daycare provider advertising on the same FB page I use with exactly the same daycare name as mine. Exactly. And the name is distictive in the way it is written out.
Yes, imitation is the most sincere form of flattery. However, I have the trade name registered with the Secretary of State's office. I went to the trouble and expense to do this, just so no one else could use it. I sent the provider a polite note via PM on FB, but she has not responded, nor has she altered her ad. Her pics show she has quite a bit invested with this name already, but I guess she should have checked.
Does anyone have advise or wording to pursue this further, hopefully without the expense of involving an attorney?
Leigh 10:08 AM 04-07-2016
Originally Posted by KIDZRMYBIZ:
I discovered another daycare provider advertising on the same FB page I use with exactly the same daycare name as mine. Exactly. And the name is distictive in the way it is written out.
Yes, imitation is the most sincere form of flattery. However, I have the trade name registered with the Secretary of State's office. I went to the trouble and expense to do this, just so no one else could use it. I sent the provider a polite note via PM on FB, but she has not responded, nor has she altered her ad. Her pics show she has quite a bit invested with this name already, but I guess she should have checked.
Does anyone have advise or wording to pursue this further, hopefully without the expense of involving an attorney?
I don't know what you should do, but my first step would be to call the Secretary of State's office and ask for advice on how to proceed.I discovered another daycare provider advertising on the same FB page I use with exactly the same daycare name as mine. Exactly. And the name is distictive in the way it is written out.
Yes, imitation is the most sincere form of flattery. However, I have the trade name registered with the Secretary of State's office. I went to the trouble and expense to do this, just so no one else could use it. I sent the provider a polite note via PM on FB, but she has not responded, nor has she altered her ad. Her pics show she has quite a bit invested with this name already, but I guess she should have checked.
Does anyone have advise or wording to pursue this further, hopefully without the expense of involving an attorney?
MunchkinWrangler 10:11 AM 04-07-2016
You probably will have to have your attorney send a letter to her business address addressing the issue so she knows you are legitimate legally, as she may not understand. Most don't if they are new.
I know you don't want to go that route but it would be better understood over a message on FB.
I know you don't want to go that route but it would be better understood over a message on FB.
Sunchimes 10:47 AM 04-07-2016
When someone pulled info from my copyrighted web site, I was told to send a cease and desist letter via certified mail, so she had to sign for it. (Is that certified or registered? The post office can tell you.) It may be more effective from a lawyer, but in my case, it worked. You can find examples by googling.
KIDZRMYBIZ 10:53 AM 04-07-2016
All good advice. Thank you! The SOS office suggested filing a civil suit. That seems a bit premature right now. I think I will have a legal friend draft a letter and send it certified to her address (which I have, thanks to licensing).
On a side note, I am sorry for her. It is obvious she has invested some cash in marketing and decor and such using the name. I just have to keep telling myself it isn't personal, it's business.
On a side note, I am sorry for her. It is obvious she has invested some cash in marketing and decor and such using the name. I just have to keep telling myself it isn't personal, it's business.
Thriftylady 11:02 AM 04-07-2016
Originally Posted by KIDZRMYBIZ:
All good advice. Thank you! The SOS office suggested filing a civil suit. That seems a bit premature right now. I think I will have a legal friend draft a letter and send it certified to her address (which I have, thanks to licensing).
On a side note, I am sorry for her. It is obvious she has invested some cash in marketing and decor and such using the name. I just have to keep telling myself it isn't personal, it's business.
It isn't personal, yet it is. If someone with the same business name gets bad reviews or something like that, it could affect you also. Same goes the other way to her (not saying you would have an issue, but it goes both ways). If it was me, I would want to know, it would suck to have spent money and find out. That is why my daycare name has my last name in it. I figured that was pretty safe.All good advice. Thank you! The SOS office suggested filing a civil suit. That seems a bit premature right now. I think I will have a legal friend draft a letter and send it certified to her address (which I have, thanks to licensing).
On a side note, I am sorry for her. It is obvious she has invested some cash in marketing and decor and such using the name. I just have to keep telling myself it isn't personal, it's business.
Michael 04:16 PM 04-07-2016
A couple of things. If they are not in your county than they are not infringing on your business or title. If they are copying your content on Facebook, than I would contact FB's and make them aware. infringement. If you have a "service mark" on the lettering and artistic originality of your mark, than you have a case for infringement. I am no lawyer but have dealt with a lot of this over the years with my websites and logos. http://www.ccin.com/
LysesKids 08:04 PM 04-07-2016
Originally Posted by Michael:
A couple of things. If they are not in your county than they are not infringing on your business or title. If they are copying your content on Facebook, than I would contact FB's and make them aware. infringement. If you have a "service mark" on the lettering and artistic originality of your mark, than you have a case for infringement. I am no lawyer but have dealt with a lot of this over the years with my websites and logos. http://www.ccin.com/
Actually in certain states they frown on people having similar names regardless of county... AR is one as I have 3 businesses listed there : one is service marked, but I had to change one name due to it being too similar to another already in the systemA couple of things. If they are not in your county than they are not infringing on your business or title. If they are copying your content on Facebook, than I would contact FB's and make them aware. infringement. If you have a "service mark" on the lettering and artistic originality of your mark, than you have a case for infringement. I am no lawyer but have dealt with a lot of this over the years with my websites and logos. http://www.ccin.com/