Advice For My Mom - Business Getting Sued for Name - Chicagoland Sportbikes
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post #1 of 27 (permalink) Old 04-10-2009, 01:15 PM Thread Starter

 
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Advice For My Mom - Business Getting Sued for Name

My mom opened a business about 15 years ago. Its a womans resale shop. She named it Elegant Repeat. She has moved the business recently onto a busier street, and a lady on the same street, but like 5 towns over, also has a resale shop, and that is called Elite Repeat.

The stores are about 40 miles away from each other (estimated). Totally different neighborhoods, clients, etc...just on the same street. Its a long east/west running street.

Anyway, my mom has known this lady for years, as most of the resale shop owners all know each other. The lady threatened to sue my mom for the name if my mom moved onto this street. She moved anyway, and now about a year and half has past. The lady has now sent over some papers from her lawyer requesting my mom in court.

Any merit to this? I don't think this could possibly hold up. Sure the names are similar (Elegant Repeat vs. Elite Repeat), however, they're not the same. If a court held that up, it'd have to hold up all sorts of cases, like Johns Electric vs. Mikes Electric, and so on.

Any thoughts, input, experiences would be much appreciated.

Thanks in advance.
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post #2 of 27 (permalink) Old 04-10-2009, 01:19 PM
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No experience, but my thought would be that since she has been around for over 15 years, the other lady's case has no merit. Obviously I would hire an attorney to represent me in this no matter what. What do the papers say? What is the basis of her claim?

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post #3 of 27 (permalink) Old 04-10-2009, 01:29 PM
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has she been summons to a court date where she is being challenged?

and lastly, what a joke. you can clearly show 1, how long your moms been in business, 2 from that address clearly shown there was no relation or intention to fruad the public into thinking your moms business is THE OTHERS LADYS.

and if this other lady is suing your mom, she must be making some MAJOR bank, and or loosing some of the major bank to your mom in which that other lady feels...your mom is taking business from her under some sort of a deception practice.



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post #4 of 27 (permalink) Old 04-10-2009, 01:32 PM Thread Starter

 
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Thanks guys.

Yeah, my mom has spoken to a lawyer, and its going to cost $1,000 for them just to show up to court. They really didn't have much to say except that they would go to court and see what the judge has to say.

The economy is tight, and being self employed and owning a womens clothing store, income is tight. She would really rather not pay a lawyer, and is considering just changing the name and avoiding all this. I think that's BS though, she shouldn't be bullied by anyone (that might just be my ego talking), and changing her name is costly in itself. Signs, documents, etc...it all costs money.

I'm trying to talk her into just going to court on our own (me and her). We have a client here that went through the same thing. It was Twin Hill Electric Service vs. Twin Hill and the judge laughed it off. I'm thinking the judge would do the same in this case. Seems so petty. She's afraid of going to court, losing, and having to pay for changing + the other persons lawyers.
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post #5 of 27 (permalink) Old 04-10-2009, 01:35 PM
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Fuck the other women. If this was such a big issue then why wasnt it brought up 15 years ago? Or even 3 years ago when when she moved to the new location.

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post #6 of 27 (permalink) Old 04-10-2009, 01:36 PM
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Counter-sue for court fees.
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post #7 of 27 (permalink) Old 04-10-2009, 01:36 PM
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I would hire an attorney just for piece of mind, $1000 is alot, but changing the sign and etc will cost as much if not more. On the other hand, if you show up to court prepared with documents showing when the business was established, why it was moved and etc, a judge should throw the case out. Good Luck!

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post #8 of 27 (permalink) Old 04-10-2009, 01:42 PM
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post #9 of 27 (permalink) Old 04-10-2009, 01:42 PM
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Originally Posted by PolishPete View Post
Thanks guys.

Yeah, my mom has spoken to a lawyer, and its going to cost $1,000 for them just to show up to court. They really didn't have much to say except that they would go to court and see what the judge has to say.

The economy is tight, and being self employed and owning a womens clothing store, income is tight. She would really rather not pay a lawyer, and is considering just changing the name and avoiding all this. I think that's BS though, she shouldn't be bullied by anyone (that might just be my ego talking), and changing her name is costly in itself. Signs, documents, etc...it all costs money.

I'm trying to talk her into just going to court on our own (me and her). We have a client here that went through the same thing. It was Twin Hill Electric Service vs. Twin Hill and the judge laughed it off. I'm thinking the judge would do the same in this case. Seems so petty. She's afraid of going to court, losing, and having to pay for changing + the other persons lawyers.

1 unless you mom can spend this money in defense cause she doesn't want to fuck around "then spend it, its a fully deductible" and be done the lawyer can tell her the rest, like if found not guilty, counter sue the bitch for everything associated and the kitchen sink.



2. dont get the lawyer yet, go to court with all paperwork showing from days 1 this is how and why she filed for that name, and or "i am sure you guys are incorporated" get all corporation letters and the filing for assumed names to clear that name to use. and the old addy and then the new one.

simply with that and the fucken fact the other shop is 40 miles away?????? and its a cothing shop? no disrespect..what? maybe a 100k business? lets even say 500K a year. people dont sue over this shit.


people sue for shit like this cause that other lady has a stick up her ass and doesnt like your mom "since you made reference they kinda know each other"


SO IN THIS CASE? i would layer up and go to court, cause i would almost bet money if he listens to the case and doesn't set a trial date for a judge hearing your gonna get it done right there OR the 2nd time.

in which YOU lawyer fees, and associated cost YOUR GONNA counter sue that bitch and win later if your mom is held not liable.


so fuck that cunt!


can you tell ive been through this myself once or twice?



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post #10 of 27 (permalink) Old 04-10-2009, 01:49 PM
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Quote:
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1 unless you mom can spend this money in defense cause she doesn't want to fuck around "then spend it, its a fully deductible" and be done the lawyer can tell her the rest, like if found not guilty, counter sue the bitch for everything associated and the kitchen sink.



2. dont get the lawyer yet, go to court with all paperwork showing from days 1 this is how and why she filed for that name, and or "i am sure you guys are incorporated" get all corporation letters and the filing for assumed names to clear that name to use. and the old addy and then the new one.

simply with that and the fucken fact the other shop is 40 miles away?????? and its a cothing shop? no disrespect..what? maybe a 100k business? lets even say 500K a year. people dont sue over this shit.


people sue for shit like this cause that other lady has a stick up her ass and doesnt like your mom "since you made reference they kinda know each other"


SO IN THIS CASE? i would layer up and go to court, cause i would almost bet money if he listens to the case and doesn't set a trial date for a judge hearing your gonna get it done right there OR the 2nd time.

in which YOU lawyer fees, and associated cost YOUR GONNA counter sue that bitch and win later if your mom is held not liable.


so fuck that cunt!


can you tell ive been through this myself once or twice?

I agree with Ken. Initially, you can just have your mom show up to court. If it gets serious, the judge will advise your mom to get an attorney and continue the case for another date. I have been to court over the last few years for the owners of the hotels I worked for, and I could take care of most of the issues myself without a lawyer being present. Your mom can even request another court date to seek council on the matter if it gets that far. I feel this is just fair competition and the lady is just upset your mom is somewhat close to her and could potentially take some of her business away.

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post #11 of 27 (permalink) Old 04-10-2009, 01:49 PM
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IM a simpleton but I cant see why she's even been called to court. This should be tossed immediately. Can Micheals Store not be near Michelle's Store or? This i s ridiculous

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post #12 of 27 (permalink) Old 04-10-2009, 01:51 PM
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IM a simpleton but I cant see why she's even been called to court. This should be tossed immediately. Can Micheals Store not be near Michelle's Store or? This i s ridiculous
sure it could but if one owner is pissed off, just like anyone else. you can try to sue



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post #13 of 27 (permalink) Old 04-10-2009, 01:51 PM
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My moms business was sued for a similar situation.

her restaurant was names after the street it was on, turns out the street was named after a former mayor or something. The family of the ex-mayor sued her for using his name. Actually kind of valid lawsuit, using somebodies name even though unintentionally. Well my mom told them to go fuck themselves, case never went to court. I believe they just wanted a quick settlement.

Anyway, she can lawyer up of she wants to, but I don't see it as needed until things get a little more indepth. If anything countersueing for lost money, time and stress is worth it.

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post #14 of 27 (permalink) Old 04-10-2009, 01:53 PM
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Also, that is pretty steep for a court appearance. We have been billed between 200 - 300 for court appearances before. The attorneys can rack up on continuances. I have saved my boss tons of money going to court taking care of these issues myself .

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post #15 of 27 (permalink) Old 04-10-2009, 02:05 PM
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F'ing lawyers. Always causing trouble...where's Rob. He's your man.
Rob doe not engage in the practice of law without a license in the state of IL.

However:

THIS IS NOT LEGAL ADVICE! TALK TO A LAWYER LICENSED IN IL!

Assuming this chucklehead is suing you mother based on trademark infringement, my personal non-legal-advice opinion is that its a stupid case.

The Lanham Act provides for awarding attorney's fees to the prevailing party in many cases, so don't be afraid to lawyer up.

I can also tell you that the first court date will not be a trial on the merits. Don't expect a big to-do.

That's about as far as I can go without getting myself in trouble with the IL state bar.

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post #16 of 27 (permalink) Old 04-10-2009, 02:09 PM Thread Starter

 
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Thanks guys.

I had discussed the possiblity of counter suing the lady if my mom isn't held liable, but didn't know if that had merit to it, so its good others have brought that up.

I could see if my mom opened up across the street or what not, or was directing marketing towards the other ladies clients, but its not like that at all. Basically my mom works on her own, doesn't even acknowledge the other company exists. Markets only really through the phonebook and drive by traffic. Shes not assaulting the other business in any way. The other lady must have a lot of free time, or want some free quick cash.

Thanks for the tips again.
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post #17 of 27 (permalink) Old 04-10-2009, 02:14 PM
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It's not going to fly. It's a different name. Now, maybe if the name is like Elephant Repeat for you know who, then she might have a case. Don't change the name, countersue just 'cause I don't like people who does things like this.
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post #18 of 27 (permalink) Old 04-10-2009, 02:23 PM
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Quote:
Originally Posted by Rob View Post
Rob doe not engage in the practice of law without a license in the state of IL.

However:

THIS IS NOT LEGAL ADVICE! TALK TO A LAWYER LICENSED IN IL!

Assuming this chucklehead is suing you mother based on trademark infringement, my personal non-legal-advice opinion is that its a stupid case.

The Lanham Act provides for awarding attorney's fees to the prevailing party in many cases, so don't be afraid to lawyer up.

I can also tell you that the first court date will not be a trial on the merits. Don't expect a big to-do.

That's about as far as I can go without getting myself in trouble with the IL state bar.

what i tell ya guys.

why do you think my name is "Odysseys" and most of all i am the Admin of the site that handles business?

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post #19 of 27 (permalink) Old 04-10-2009, 05:41 PM
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post #20 of 27 (permalink) Old 04-10-2009, 05:56 PM
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Quote:
Originally Posted by PolishPete View Post
My mom opened a business about 15 years ago. Its a womans resale shop. She named it Elegant Repeat. She has moved the business recently onto a busier street, and a lady on the same street, but like 5 towns over, also has a resale shop, and that is called Elite Repeat.

The stores are about 40 miles away from each other (estimated). Totally different neighborhoods, clients, etc...just on the same street. Its a long east/west running street.

Anyway, my mom has known this lady for years, as most of the resale shop owners all know each other. The lady threatened to sue my mom for the name if my mom moved onto this street. She moved anyway, and now about a year and half has past. The lady has now sent over some papers from her lawyer requesting my mom in court.

Any merit to this? I don't think this could possibly hold up. Sure the names are similar (Elegant Repeat vs. Elite Repeat), however, they're not the same. If a court held that up, it'd have to hold up all sorts of cases, like Johns Electric vs. Mikes Electric, and so on.

Any thoughts, input, experiences would be much appreciated.

Thanks in advance.
is the full name elegant repeat boutique? or did it used to be? If the elite repeat is the one i found it was founded in 94 and is still an active corp. I only see elegant repeat boutique as a dissolved company back in 02. Not sure if this makes a difference or not, but lawyer up. I have a good lawyer if your mom needs one.

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trust me i am not the same cock sucker i was a few years ago either and so on.
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post #21 of 27 (permalink) Old 04-10-2009, 06:48 PM
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I doubt this would hold up since your mom has been in business longer. Then again Microsoft was able to sue Mikerowesoft.
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post #22 of 27 (permalink) Old 04-10-2009, 07:17 PM Thread Starter

 
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is the full name elegant repeat boutique? or did it used to be? If the elite repeat is the one i found it was founded in 94 and is still an active corp. I only see elegant repeat boutique as a dissolved company back in 02. Not sure if this makes a difference or not, but lawyer up. I have a good lawyer if your mom needs one.
Haha, yes, good work.

Elegant Repeat Boutique is my moms store. Elite Repeat is the other. And my mom definitely didn't dissolve in 02. She's had it running strong since the early 90's.
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post #23 of 27 (permalink) Old 04-11-2009, 07:50 AM
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go to court, then counter sue the bitches pants off.

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post #24 of 27 (permalink) Old 04-11-2009, 10:41 AM
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go to court, then counter sue the bitches pants off.
I agree with this statement.

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post #25 of 27 (permalink) Old 04-11-2009, 10:53 AM
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is the full name elegant repeat boutique? or did it used to be? If the elite repeat is the one i found it was founded in 94 and is still an active corp. I only see elegant repeat boutique as a dissolved company back in 02. Not sure if this makes a difference or not, but lawyer up. I have a good lawyer if your mom needs one.

Did she stop filing the corp documents? Company shouldn't show dissolved. I would lawyer up just to make sure. If she needs a lawyer let me know.

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trust me i am not the same cock sucker i was a few years ago either and so on.
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post #26 of 27 (permalink) Old 04-12-2009, 08:16 AM
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counter-sue for court fees. :d
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post #27 of 27 (permalink) Old 04-12-2009, 09:04 AM
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And this is why I'm scared to start my own business. It's cause of the sue happy country we live in where shit like this can happen. Even if it does get thrown out of court, it's still the fact that this guys mom has to go through the stress of worrying "what if it doesn't?"

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