what would you do??

Chris Mire

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945
Location
Southern Louisiana
as many of you know i began my own woodworking business about 7 months ago. i do primarily new residential kitchens and other cabinets for homes. i went back and forth about a business name for months before finally picking one. i chose to name the business "Cutting Edge Woodworks"...i went to the secretary of state's office to apply for my LLC name. when i applied for it there were no other similiar businesses with that name. about 4 months later a friend told me he had seen another shop with the name cutting edge cabinets, in a town about 20 min away. i didn't like the idea but i dealt with it. the bad part was he had applied for his LLC 4 days before me. that is why i didn't see his name on the list when i applied. recently when i had ordered some raised panel doors for a job, they got delivered to his shop on accident, pushing my already tight schedule back another day, which normally wouldn't be bad but the doors were already late.

anyway, said all that to ask, what would you do? i can change the name of the company with the state, keep my same tax id number, and pay 60 bucks to change it, or just leave it be. i have yet been able to think of another name i like.

what would you do?

thanks
chris
 
Gotta disagree with Tod. Change your name. He was first and name infringement could result in you doing the lawyer thing, and losing. Don't we have somebody here who is an expert lawer in this stuff?
 
Only change your name if its not working for you. If you have started promoting it and getting it into peoples heads, changing it now will just cost you recognition - the only person who can gain from that is your competitor.

Make sure that the supplier (and any others) knows who they are dealing with. When you place an order give them your zip code or whatever and make sure that the have your delivery details right. Tell them if the send the supplies to the wrong customer you will just send their cheque to the wrong supplier.
 
Chris,

Put yourself in the other guys shoes... How would you feel, and/or react if you had been first to register the name?

What if his suppliers start sending his needed products to you, and that causes him delays, reputation, business and profits?

You know about the conflict...and you know he was first. Face it and resolve the situation is my advice.
 
Chris, I taught for two years at Union High School which was South of Union City Schools and South of me was Union County High School. Names can be confusing, can also make friendships. In this day and age of businesses going out of business to duck bills or warranties, I would keep the name to avoid confusion, and behind your name put LLC or a moniker/avitar that creates recognition for you and your shop at your location. Be unique, think outside the box. Also when ordering explain the possible confusion and tell them you yourself will sign for the order, thus if no Chris M is there, no drop off.
 
tod, that is always possible although i hope he doesn't have that misfortune

frank, it's not infringement, we are both LLC's and it is ok to have part of you name be the same. i could not be "cutting edge cabinets" but i can be cutting edge woodoworks. there are 10 to 20 businesses that start with the same name sometimes, as long as it doesn't end that way.

ian and frank, thanks

greg, i understand your point, but it's not like i knew he was named that, when you go to pick your name they check an online database, i checked it before his name was there, otherwise i wouldn't be in this position. but thanks for your opinion...part of me feels that way.

steve, i have considered that, he has a website, i may just shoot him an email first to see how he feels about the situation. he knows now i exist because they sent my doors there.

john, as i said above we are both LLC's, i am woodworks, he is cabinets.

i don't advertise, i work only through word of mouth right now and all my customers know me by my name and not the company name, only a couple of my suppliers actually use my business name, the others i used before i started the business so we are still on a first name basis. coming up witha logo or something might be a good idea.

thanks everyone. i still need to think about it for awhile, it seems out of all the friends and family i have talked to i am the only one who sees a problem with it. no one else thinks i should change it.

only time will tell.

chris
 
Well take a different point of view. If ten years from now you are still successful and in business are you going to change your name if someone moves in and creates a business with a name close to yours, are you going to change? Put your energy into productive work and move on. Many better things to worry about.
 
Chris,

I should have added the word "Now" to my statement, "You know about the conflict...(now). I would, like others have said, at least contact the guy...You could at least keep your "conflict" on a friendly basis, and might even come up with some compromise ideas. On the other hand, if he is "not happy" with your using the same name, in the same type of business, at least you can prepare yourself better for mistakes, confusion and action he might take since he had the name, in the same business, first.

Either way, best of luck. I've seen your work and know your reputation will prevail as a quality craftsman, doing the highest quality work.
 
Chris,

Had almost this exact situation happen, but with a slightly different twist.

I was a consultant for many years and operated under the name Bunker Hill Software., Bunker Hill is the financial district in L.A.

When I moved to Silicon Valley, I still used the name, then one day a friend mentioned to me that he saw a business named Bunker Hill Software while at a database show, so I started to look into it...They were on the other side of the bay, in another county. I found out that in Cali at least, you can have 2 business with the same name, providing their in different counties. But I still didn't like the idea of another company having the same name and thought it would be confusing.

In my case I also felt that these folks were operating with that name, and no matter who used the name first, they were using it before I moved.

I decided to give them what I call professional courtesy and let them use the name, and changed the name of my company to Software Orchestration. I did incorporate and operated for about 7 years as a corp, but unincorporated after the dot-bomb bust.

If they filed 4 days before you for LLC (same as incorporating), and especially since they're so close, I would change your name. My $0.02.

EDIT: I would add that I would probably try to figure out if they intentionally knew about your name, or if you had inadvertently knew about theirs possibly, when you came up with your name. If you really feel there is no relation between them filing LLC 4 days before you, I would give them the name. If for some odd reason it seems as if they filed LLC as they knew you were going to file, then you have a different set of circumstances to deal with. Remember that a name is really only superficial in the sense that you will rely on word of mouth for most of your business, IMO.
 
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greg, not a prob, hope it didn't sound that way. i am still on the fence about the whole situation. to be honest, if i had a name i liked right now, i would change it just because it bothers me....so i guess that says something there huh?

alan, there is definitely no relation between me or him picking the name. i thought of mine as was falling asleep one day. then told a bunch of friends, none of which would ever come into contact with this guy. and i know i didn't get it from him cause i checked the database and it wasn't there. i did see there were other companies in other states with the name but that didn't bother me.

i'll be sure to inform everyone what i decide to do.

thanks again
chris
 
Having the same name could be trouble for you if they do not do very good work and get a bad name it might couse lost customers for you if people don't know that you are a different company alltogether.
Bob
 
How about: "A1 First Class Woodworking" or "A1 Professional Woodworking" or if both of those are too long "A1 Woodworking". Everyone would remember A1 and you would come first in the Yellow Pages.
 
:D:D
those names sound like the ones a friend has thought of, he thinks i should be really creative and catch people's eye with the name.

to be honest, one day i may need a name like that, but right now i am so busy i can't keep up, the next 2 months are not going to be any fun. i am booked solid through the end of the year. i can only imagine what it would be like it i had a catchy name or slogan. :eek:

ps. it isn't so much because of my craftsmanship that i am so busy, all the shops are swamped....even the bad ones. i guess it doesn't hurt that i take pride in my work though..:thumb:

i wanted to change it to

Prestige woodworking or
Premier Woodworking, but they are both taken

thanks for the suggestions
chris
 
How about Super He-Man Awesome Woodworking? That name will definitely get you some attention.

I WOULD change the name though, 60 bucks isn't so much to have your own unique name. At least while you are starting, if other people make a name similar to yours after you are well enough established then who cares, but for now, I'd try again.

Also with the internet and the way things work today, 4 days seems like it would be more than enough time to get this kind of information. The fact that they didn't know yet is unacceptable IMO. I'd ask for a freebie. Or at least a discount.
 
I think Robert's got it right. Nothing wrong (as far as I know) with adding your own name (read: Brand) to the name.

Think of the most popular brands in the world, and they are the names of the owners.

I'd probably just put your last name in front
and call it 'Mire's Cutting Edge Wood Working' or 'MCEWW'.

Congrats on the success of the business!
 
i know i didn't get it from him cause i checked the database and it wasn't there. i did see there were other companies in other states with the name but that didn't bother me.
I wouldn't be worried about another state either, I was about a county close to me, just didn't seem right to have 2 companies with the same name.

I like Robert's suggestion of adding your name, that's clever, and would certainly seperate you, but even so...guaranteed that you'll be confused with the other shop to someone, somewhere.

You might have an investment in your LLC, in Cali they require us to pay for a year's minimum tax ($800) when you file. Hope it's better in your state, maybe it's possible to do a name change through the state with a minimal charge. We're required to post in a publication also, everyone has their greedy mits out...
 
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