Recent Feedback
I own Eco Clean Carpet Cleaning in Portland Oregon. The name Eco Clean is used by dozens of companies throughout the US. Thus we do not have a trade mark on it. However, we do have a business license and a DBA under that name. We've been using the name for just about 8 years. Recently, a company moved in from out of state and published a coupon (at extremely low prices) on LivingSocial under the name Eco Clean Carpet Cleaning in our area. We've received many phone calls wanting more information on the deal. Our number isn't published on the Living Social site but people google the name to make sure it's a legitimate company with a good reputation and we come up. So far they've sold prepaid carpet cleaning coupons to over 70 people.They do not have a business license in the state of Oregon. I checked online and the owner of the business admitted to me that he didn't. My question: Can they actually move in to our area and use our long established name and reputation? What can I do?
Optional Information: State/Country relating to question: Oregon Already Tried: I spoke with the owner of the business. He stated that he was going to think about it, but he was certain that he could operate under the name even if there was confusion. I also spoke with LivingSocial yesterday afternoon, but haven't heard back yet. They are supposed to get back to me this afternoon. But it's the weekend so I don't expect much. The online coupon is still running.
You have at the least a common law trademark within your geographic area and he is causing a likelihood of confusion with your name. As such, you can send him a cease and desist letter based on your corporate registration in OR (as only one corporate entity can be registered with the same name in the state) and if they refuse to cease and desist, you can sue for an injunction and damages as a result of their use of your business name.
PLEASE USE THE REPLY BUTTON IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON EVEN IF THE FEEDBACK SAYS NEED MORE OR HELPED A LITTLE, THIS IS NOT HOW TO GET MORE INFORMATION.
PLEASE CLICK ON “OK,” “GOOD” or “GREAT” SERVICE
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted to use the REPLY button and we are happy to continue working with you to get you all of the information you require.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.
Please click the top THREE POSITIVE FACES so that we can get good feedback for working with you.
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
Unfortunately we are not a corporation, just a mom and pop company with a DBA. Does that matter? When I spoke with him, he stated that his name is different, "Eco-Clean Carpet and Tile Cleaning" and that ours is Eco Clean Carpet Cleaning. Of course we do tile cleaning as well. On the LivingSocial website it uses the name Eco-Clean Carpet Cleaning.
This is still your trade name and if there is a creation of a likelihood of confusion and if you prove use in the area and establishment of goodwill, you can still seek to prevent him from using that name in the area. Of course, you will need an intellectual property attorney in the area to represent you in this matter.
Experience: All corporate law, including non-profits and charitable fraternal organizations.