Being sued for my business name

[scottpeterson83]

I have a carpet install company trying to sue my carpet cleaning company for trademark infringement. Their business name is Empire Today and said they have empire carpet trademarked. My name is Empire Carpet Care, Inc and has been this way for 3 years now. Any lawyer I talk to wants $20,000 to go to court and says its a guarantee win. My insurance company will not fight on my behalf either. Empire Today wants me to pay them $1200/year to use their name they don't do business under. Has this happened to anyone else out there and do you have any advice. I would say watch out to any other Empire Carpet whatever out there as well.

 

[gary mackay]

I had another carpet cleaning company send me a cease & disist order which should happen before they sue you. I sought legal advice & was told that I would win it if I could afford going to court over it, of course they were 200 times bigger than me. All I had to do was take the word DRY off my truck to make them happy. As far as the trademark goes, check their trademark info on file to find out exactly what is trademarked, I have a trademark & only the design is trademarked, I could not get the wording trademarked, anyone can use the wording.

 

[randy]

I have a carpet install company trying to sue my carpet cleaning company for trademark infringement. Their business name is Empire Today and said they have empire carpet trademarked. My name is Empire Carpet Care, Inc and has been this way for 3 years now. Any lawyer I talk to wants $20,000 to go to court and says its a guarantee win. My insurance company will not fight on my behalf either. Empire Today wants me to pay them $1200/year to use their name they don't do business under. Has this happened to anyone else out there and do you have any advice. I would say watch out to any other Empire Carpet whatever out there as well.

You need a new attorney, yours sucks ! Trying to ask for $20,000 for a guaranteed win is totally disgusting.
Empire Today has a dozen LIVE trademarks. Their Empire Today Home Services has one for carpet cleaning (8129174) granted back on Dec. 17, 2002. They are a huge company so I wouldn't advise ignoring them.

You need a trademark attorney to read through all their trademarks, especially the above mentioned one and find a solution that doesn't involve litigation. Have they actually filed suit against you ?

 

[truckmount girl]

Scott,

Timely discussion. Please read the "Do you think a large franchise can't hurt your business?" thread here in the Clean Room.

Your situation is similar to the hypothetical scenario posted there.

Take care and good luck,
Lisa

 

[BUSY BEE]

First your van, now this bullshit? Sorry to hear that, good luck, I'll talk with you soon.

 

[John G.]

I had the same thing with Joey Picketts ex-wife, she insisted we had to change our "Carpet Care Systems", made a big stink, had official come out and threaten me, long story short, told her we have had the name for 36 years and she could kiss off, and she finally did...LOL

This had NOTHING to do with my friend Joey Pickett, just his battle axe of an ex.

 

[bob vawter]

ya...she prolly has a reverse twist......???

 

[The Preacher]

BAWb are ya pull'n the reverse twist outta the foreclosed house to put in new foreclosed house?
i mean it would prolly go good wit da recycled Brazilian wood floor and all!!!

 

[bob vawter]

now why didn't I think of that?

todays the day..........!!
check on Fox news...look for the old codger that's CHAINED to the door jam......

OHH YA...did i mention that the Brazilian Paraju was jacked outta a forclosed $800,000.00 house..

TFF!!!

 

[joe harper]

Scott,

If you are INCORPERATED.....You SHOULD have a "Registered Agent"...

In fl. that is USUALLY an attorney..!

To be incorperated.....you were REQUIRED to submitt a Fictious Name Request...

If your filing was approved..?

The state your are registered in is on the HOOK....!

If you were incorperated by an ATTORNEY..? THen his "Malpractice Insurance is LIABLE..!!



Ps IF your Fictious Name was approved prior to EMPIRES...?
You can send them a LETTER ..... :wink:


You might want to fillout your profile....before "jimmy" gets on your case.. :idea:

 

[rhyde]

If Mr. Royer info is right and they have registered empire carpet cleaning you would be wasting your time and money … most lawyers don’t make money winning cases they make money when you hire them to represent you. My understanding is a trade mark supersedes all state registered business name so it’s irrelevant if they are in your market or not they have legal federal claim to the Empire name in all 50 states.

You have two options change your name or pay them if you want to keep the name try to negotiate the 1,200 down

 

[joe harper]

Tell them to SUBCONTRACT you $1200.00 a month of Cleaning... :idea: :wink:

 

[Guest]

With a name like Scott Peterson you're lucky you're not being sued for your personal name....

 

[joe harper]

Their is NO "mErcY"...on this board....

 

[Guest]

Just change the name of your company.

 

[randy]

Just change the name of your company.

Just don't make it Scott & Lacy's carpet care.

A Trademark is what matters in the "right to the name" battle. There are even World wide trademarks enforced by treaties. My guess is Empire Today is looking to get into the cleaning end of things through subs eventually. They also have trademarks for window replacement and a bunch of other home services. If their cleaning is as bad as their installation you might be better off with another name.

 

[diamond brian]

That's funny. Scott Peterson's Carpet Cleaning "We don't just clean your carpets, we kill your cooties".

Seriously, there's an abundance of case law pertaining to trademark infringement. You may have to do some Googling, or better yet, find a retired attorney involved in SCORE or a like non-profit comprised of retired professionals. Contact your local Chamber.

I know that Empire Carpet Care would definitely infringe upon the TM rights of Empire Rug Care. I know that Empire Carpet Care definitely would not infringe upon the Trademark rights of Empire Car Repair. The devil is definitely in the details with trademarks.

Let us know how you handle it.

 

[Warren Wallace]

Empire is huge just change your name not worth the fooking hassle.

 

[Farenheit251]

The legal costs are going to be outrageous in a hurry and can you be sure they won't ask the court to have you pay their legal if you lose? Either try to negotiate the $1200 or change your name. I doubt your customers would care so long as you keep your phone number.
Empire is not a bad name,but I bet you could come up with something better.
Personally I wouldn't want anyone to think I had anything to do with the Empire today around here.

 

[Guest]

How about 'Entire Carpet Care'?

 

[Guest]

h]http://www.youtube.com/watch?v=t7wNaxfBjE4h]

 

[duckster]

I have a carpet install company trying to sue my carpet cleaning company for trademark infringement. Their business name is Empire Today and said they have empire carpet trademarked. My name is Empire Carpet Care, Inc and has been this way for 3 years now. Any lawyer I talk to wants $20,000 to go to court and says its a guarantee win. My insurance company will not fight on my behalf either. Empire Today wants me to pay them $1200/year to use their name they don't do business under. Has this happened to anyone else out there and do you have any advice. I would say watch out to any other Empire Carpet whatever out there as well.

These lawyers threaten and they do get many to give up the ghost. Let them sue, force them to go to a judge for a "cease and desist order" against you which they will not get. Empire is a dictionary word and even Microsoft could not stop AMD from using 486 as it was a number and they can't own a number either.

Don't pay them but keep a copy of their threat. Just ignore them. Don't get a lawyer unless they sue you. If you have a business license for the name you have a right to the name in your state. If they try to do business in your state using the Empire name, you can sue them. How's that for dealing with BSers.

 

[randy]

I have a carpet install company trying to sue my carpet cleaning company for trademark infringement. Their business name is Empire Today and said they have empire carpet trademarked. My name is Empire Carpet Care, Inc and has been this way for 3 years now. Any lawyer I talk to wants $20,000 to go to court and says its a guarantee win. My insurance company will not fight on my behalf either. Empire Today wants me to pay them $1200/year to use their name they don't do business under. Has this happened to anyone else out there and do you have any advice. I would say watch out to any other Empire Carpet whatever out there as well.

These lawyers threaten and they do get many to give up the ghost. Let them sue, force them to go to a judge for a "cease and desist order" against you which they will not get. Empire is a dictionary word and even Microsoft could not stop AMD from using 486 as it was a number and they can't own a number either.

Don't pay them but keep a copy of their threat. Just ignore them. Don't get a lawyer unless they sue you. If you have a business license for the name you have a right to the name in your state. If they try to do business in your state using the Empire name, you can sue them. How's that for dealing with BSers.

Wrong ! Whoever applied for and received the FEDERAL TRADEMARK owns it , and for all 5o States and some foreign countries by way of treaties. All trademarks involved "dictionary words" (not sure where you came up with that one). A business licence, registering a fictitious business name in your State or even forming a LLC or incorporation doesn't give you legal rights to the name you chose. Only a trademark does that Most trademarks are no longer logos but names & phrases. Believe it or not, 24 hour emergency restoration is a registered trademark. Empire does have a registered trademark, which is active and in effect for carpet cleaning. Legally anyone using the name Empire for carpet cleaning is infringing regardless of how long you have been using the name. For example a new start up could select your business name, Trademark it and the successfully sue you for infringement even though you may have had that name for twenty years. If you don't file a Trademark you may end up changing your name and paying an award. The very act of infringement, in and of itself goes to damages (ie. the infringer pays legal fees (sometimes) and monetary damages. The infringement is all they need to sue. Playing "hardball" with someone when you are illegally infringing on their Registered trademark is just plain ignorant, not playing "hardball" or calling their bluff. Play this one wrong and the Trademark holder can put you out of business. Insurance doesn't cover Trademark infringement cases. Anyone can check online for free at the Patent & trademark office. I hope the OP retains an attorney specializing in Trademark law, otherwise he could be out of business within 4-12 months even though you did nothing intentionally wrong. You may be able to get a free consultation with an attorney, be able to research Trademark law at various online legal libraries (or at a local college if they allow you in) or go to a local law school & see if you can talk with a professor (long shot but free).

Oh and by the way, there is more than ONE Babysafe. In fact one of them owns a TRADEMARK for Babysafe, just not you.

 

[truckmount girl]

Now do you all get my point?

Take care,
Lisa

 

[FB7777]

I believe the point here is that Scott and whoever Inc. his company should have checked to see if the name Empire Carpet Care was trademarked before selecting the name.

Considering that Empire Carpet ( the REAL one ) is a Large Corp that does business nationally including the State of Nevada I have a question for Scott... were you aware of Empire Carpet before you selected your name?


Empire is well known here in Mass.

 

[Wayne Miller]

Unfortunately, we're the wrong folks to ask. We chase dirt, not ambulances. But, for what it's worth, right or wrong, once you get a summons, you've got to respond. If you don't, they win. Go to court, you need a lawyer. You could end up paying for yours and theirs. If you don't show for court, they win. And, as Lisa pointed out, they don't have to be right and you don't have to be wrong. They can simply outspend you.

What's it worth?

 

[truckmount girl]

Unfortunately, we're the wrong folks to ask. We chase dirt, not ambulances. But, for what it's worth, right or wrong, once you get a summons, you've got to respond. If you don't, they win. Go to court, you need a lawyer. You could end up paying for yours and theirs. If you don't show for court, they win. And, as Lisa pointed out, they don't have to be right and you don't have to be wrong. They can simply outspend you.
What's it worth?

Wayne,

Why do we accept that? It's not that way in the criminal justice system. Why do we accept a system so flawed that individuals and small to even medium-sized companys can't initiate or defend themselves in litigation with a larger company? Why do you guys get all up in arms over BP Direct? Those people only lost a grand or so, that's nothing compared to losing everything you have and even your future earnings if a big company lays you out in court, or just rolling over and conceding defeat because you can't afford to fight.

Why are you all such tigers for the small guys and each other and such pussies when it comes to the big battles that will make a difference not just to you, not just to our industry, but to every person who ever decides to start a business?

Take care,
Lisa

 

[joe harper]

Lisa,

If you want HELP...Why have you not pleaded your case to the "ACLU" you are in
"CIVIL" court.. :idea:

I personially hate the orgination.... BUT the so call HIgh Power attorneys....Will tuck
their tails & run...when they recieve a letter from the ACLU...

Hell....Call A.C.O.R.N...the are useless too.. :roll: "better hurry on them "though"..

You seem to want the PUBLIC aware of this "miscarraige" of justice..."right" :?:

No better way I know of that than to involve...."THe LIBERAL BASTURDS"...

 

[truckmount girl]

I'm a member of the ACLU, and I will be sending video and press releases to them as well as local and national news programs and representatives in congress, etc.

First YouTube vids should be rewady by the end of next week. I plan on releasing a whole series....focusing not just on my small situation, but on the larger picture and what the "system" is doing to commerce in this country.

You guys wanna help? Shawn and I had some pretty good discourse on ideas of how the system can be "fixed" or at least improved. how about the rest of you....ideas?

Take care,
Lisa

 

[rhyde]

You actually might be legally entitled to your name under common law trademark.....

http://www.bitlaw.com/trademark/common.html


"The term "common law" indicates that the trademark rights that are developed through use are not governed by statute. Instead, common law trademark rights have been developed under a judicially created scheme of rights governed by state law. Federal registration, a system created by federal statute, is not required to establish common law rights in a mark, nor is it required to begin use of a mark. However, federal registration, if available, is almost always recommended and gives a trademark owner substantial additional rights not available under common law. See the BitLaw discussion of federal registration for more information."

Common law trademark rights are limited to the geographic area in which the mark is used. Thus, if a coffee blend is sold under the name BLASTER in California only, the trademark rights to that name exist only in California. If another coffee retailer begins to market a different blend in New York under the same name (assuming they had no knowledge of the California company), then there would be no trademark infringement. However, if the New York company attempted to sell their coffee blend nation-wide, they would discover that the California company's common law rights to the mark would prevent them from entering the California market.