Legal advice

[Gemma]

What would you do?

Trip out on this:

My nursery is called Valley Grown Nursery.  It has been this for 37 years. Recently, people have been coming in asking for pot plants.  I've always just laughed and said 'nope'.  Today, I found an ad on craigslist that said
'Valley Grown is selling mmj grade clones'  In the ad, it said 'Western Colorado's leading nursery is providing high-quality stains' (yeah, I think he meant strains, stupid stoner) 

So I call the kid and explain that he needs to take his ad down, and change his name or I was going to pursue it with litigation.  He got all smart with me! He said that the secretary of states office issued him the name, so it was okay for him to go around using it and my reputation to drum up business for himself!   I had a hard time explaining to his arrogant stoner little ass that it doesn't work like that.   Furthermore, when I went and found his data in the state archive, it showed that he registered the trade name TODAY! As if to spite me!

I said 'i could register a restaurant called McDonald with the secretary of states office.   That would be perfectly legal, but actually running the restaurant and advertising, that's another story. 

My mother is appalled, and my father is furious.  They've asked that I deal with it. 
What would you do?  I talked to my cousin who is barred in WA and he thinks I have a case against him for sure.  The thing is, I don't want to have to sue him.  Nothing good will really come of it.  Its going to cost a lot of $ and frankly, i doubt this kid has any money to pay my attorney's fees.  I called one last time and said,
'look man, you're putting me in a really awkward position here.  I don't want to have to sue you, but I will..  Being in your position, running the kind of business you are running, I would think it pretty unwise to make this kind of publicity for yourself. '  he responded with 'I'm not in the wrong here. . .  Like.. At all dude. . . I feel like I'm a legitimate business owner.'     

Legitimate? How dare he call himself a nursery.  He has no nurseryman's license for one thing, no horticultural background, no greenhouses.  He uses high-tech equipment to grow weeds! Wwow.. Impressive!

MOREOVER what he is doing may be 'legit' by state standards, but its still a federal crime.  Personally, if the feds were to be informed of it, and take care of it for me, that would be the cheapest, and simplest solution....

Opinions?
Ideas?
What would pyrite do?
What would maddog do?
What would Jebus do?

[KD197]

Contact the secretary of states' office and show them a stack of paper showing your use of the name going back before he registered it.
I'm sure if you show them that you've been operating under this name for many years you could get somewhere with them, although I don't know what that particular office does, not being American and all.

Best of luck.

[Gemma]

I talked with a lawyer.  He says it doesn't matter what they registered/didn't register.  If I want them to change their name, they will have to change their name, or face monetary litigation.  I'm not really worried about it.  I'll keep you updated.  Its more fun than anything.

[KD197]

Yeah cos that guy thinks he's all smart registering the name and you get to make him look like a dumbass
But yeah, keep us posted! Especially if he starts getting all annoyed, I wanna know what he says

[Gemma]

Yeah cos that guy thinks he's all smart registering the name and you get to make him look like a dumbass
But yeah, keep us posted! Especially if he starts getting all annoyed, I wanna know what he says

He's already annoyed.  I called again and asked him what his decision was.  I said 'are you going to change your name, or do we pursue this further?' 

He said 'dude, im not doing anything I don't have to! I registered the name, and legally, I can use it! I feel like I'm in the right here'

I said, 'lets hope the judge feels the same'. 

[Gemma]

Yeah cos that guy thinks he's all smart registering the name and you get to make him look like a dumbass
But yeah, keep us posted! Especially if he starts getting all annoyed, I wanna know what he says

He's already annoyed.  I called again and asked him what his decision was.  I said 'are you going to change your name, or do we pursue this further?' 

He said 'dude, im not doing anything I don't have to! I registered the name, and legally, I can use it! I feel like I'm in the right here'

I said, 'lets hope the judge feels the same... Oh and don't call me dude..'

[Gemma]

and besides, that, this is all I really need:
Notice, how bad he is going to get owned:


We've changed the articles a few times, but the name remains the same since 85.  (and we used it a good 10 years before registering it with sos too!)

[KD197]

Haha I didn't realise you had already registered it! Makes you wonder how he managed to register the same name...

[Gemma]

Oh, dude, our sos website is primitive.  You don't even need passwords to modify other business's articles, just a credit card!  Where he really messed up is that he didn't put a description for the business.   See, if he was just selling say...  Dildos or porn mags, there wouldn't be much I could do.  But since the businesses are similar in nature.... well..

[RonaldLee[1up]]

http://en.wikipedia.org/wiki/Lanham_Act

This is an interesting piece of legislation.

I have also attached an old letter I sent to an attorney who threatened me with a Lanham action seeking declaratory relief. I redacted basic identifying information and the meat of the case law and basic facts is still there for you. Acceptance of the attached document is not intended to be legal advice, nor to be construed as legal advice.

Terms and Conditions:
The reader accepts all responsibility for use of the information contained in the attachment therein. The user is free to accept or reject the ideas, theories, and opinions expressed therein, and if the reader accepts any part of the ideas, theories, and opinions expressed therein then the reader does so with assumption of risk, if any.

[attachment no longer available]

[Gemma]

   thats greek to me ron..  I'll let the lawyer deal with it.