Lawn Doctor threaten law suit to local guy

RIC · #1 (**permalink**) 06-04-2003, 11:46 PM

Last three days lawn Doctor of New Jersey has called and threatened to file suite if I don’t stop doing business as Yard Doctor. I have been in business for 5 years under that name in Florida and everything is legal. Lawn Doctor’s call back phone number is 732-946-0029 ext 253 Charlene is the person that keeps calling and threatening a law suite. 732-946-8960 is the number showing on my caller ID.

The small businessman is a dying breed in corporate America today. I state only the fact here and wish to say more but will leave that to you.

BRL · #2 (**permalink**) 06-05-2003, 01:58 AM

Too tired to retype right now, but I did reply at your other post. Hopefully they really don't call the lawyers, plus as I said, I don't think they have a case. I'm sure there are hundreds of companies similarly named in all of the markets they are in, and I really don't believe your name is close enough. Too bad I won't be the judge for that one

Lanelle · #3 (**permalink**) 06-05-2003, 10:07 AM

Sounds as though you need to protect yourself. Might be best to call an attorney, take in all of your licenses and other documentation. Best to be certain that you are completely up to date with all of the registrations and corporate paperwork so that you will have a strong position to defend. Then if they proceed against you, your attorney can respond. My point is: IF you don't look like a little defenseless underdog, they may go away.

Stonehenge · #4 (**permalink**) 06-05-2003, 12:32 PM

Lanelle's got a great point.

I'd do the same thing. Make sure you have your ducks in a row, and by all means make them believe that they will have a battle of the century if they try to take you on over this issue. If they're going after you, they'll likely also be looking at going after 1,000 other companies with similar names. Make them know that this will not be a winning move for them.

Heck there are probably a dozen landscaping firms in Wisconsin that have Stonehenge in their name. The state approved my name, so I should be able to defend it against any comers, should that issue come up for me. If you've done the same, you should also be protected.

It doesn't seem like they have much on their side. Let us know how things progress.

Good luck,

Jeff

Slimber · #5 (**permalink**) 09-11-2003, 11:09 PM

Ric, may I ask, what was their explanation as to why they think you may be infringing on their logo name?

RIC · #6 (**permalink**) 09-11-2003, 11:27 PM

They claim the word "Doctor" is a very important part of their name according to their lawyer. They also claim Yard and Lawn are the same word.

My lawyer has ask them to make an offer on my name. If they want I would sell it to them or at least stop using it for enough money. In the mean time it will cost them 1/4 million in legal fees to take me all the way in court. I can Stall them in court for the next 10 years. So let us say they win in court and get a judgment on me. Winning a Judgment and collecting a Judgment are Two TOTALLY different things.

Slimber · #7 (**permalink**) 09-12-2003, 12:36 AM

That is very foolish but good luck.

justgardens · #8 (**permalink**) 06-01-2004, 11:47 PM

Do you have your name licensed by the state? I had mine and a newly forming company tried to get the name "Just GardensToo" about 40 miles away. They were told no by the state unless they had my approval and I said no! If the state accepted your name and licensed it they would have a hard time making a case.

Bill Schwab · #9 (**permalink**) 06-02-2004, 01:11 AM

Tell them to pound sand and serve you with papers or shut up.
Thier lawyer has simply written you what is noted as a "Poisen Pen" letter. I'm betting it stops there. This is about as stupid as when McDonald's filed suit against a lady in England who owned a family tavern that had been operating since WW I called Mikey D's. they lost.

RIC · #10 (**permalink**) 03-04-2005, 10:27 PM

Up Date

Harmon has asked me to start posting here. So I will post an up Date to this thread as a start.

Jan 26 2005 I went to pre trail Mediation. Now in Federal court the Loser is responsible for the Winners Legal fees. Therefore I was looking at a possible judgement of quite a large sum should I have lost. Unfortuantely court and the laws of this country are not about who is right or wrong or who is Guilty or innocent. If it was then OJ and MJ would not be free men. It is about who has the best lawyer. I was Pro Se. and if I won in court I would not have recieved a penny for my time as my own attorney.

Ok Bottom Line is I sign an agreement not to use any Medical term in my company name. They agreed to pay me an undisclosed 5 figure sum. I changed My company Name to "Yard Dock Landscaping" Which is not a medical term as per our settlement. Yes I have recieved some nasty letters from their lawyers since the settlement. I pointed out to these Lawyers that they wrote the agreement and that I have lived up to the condition there in.

BTW on March 1st of this year I sold my business and have semi retired. I will be still running my retail Nursery on week-ends only and not doing any special orders. I will of course still be open for wholesale on a appointment bases only during the middle of the week.

I do want to express my thanks to Lawn Doctor of New Jersey for a timely settlement and the nice addition to my retirement fund.