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Subject - Another similar name lawsuit
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Pat@amber
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I've been operating as "Amber Electric" in Maryland for 5+ years. There are others in different states but none here until now. "Amber Electrical Contracting, Corp." started up here about a year ago. The state allowed both names but I feel like an injustice has been done to me. I offered to pay to re-letter their trucks if they would change their name---no response. Where should I go from here?
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kbsparky
| Contacted your lawyer yet?
This may be a costly thing to deal with, and you still have the possibility of losing your case
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MONOLITH
| This type of thing must really be disheartening. Pennsylvania law is similar. I started out seeking the name 'Monolith Corporation', but couldn't use it because there was already a 'Monolith Company'.
But I was allowed to take Monolith Electrical Systems. I'm glad it worked out that way though, I like this name better.
I personally feel that since this type of slight difference in names (Amber Electric vs Electrical Contracting)is allowed by state law, you're sort of stuck; But apparantly you can take it to court and try to fight it. Like kbsparky said...time consuming and expensive endeavor though. How far are they located from you? Do you both have the same customer area?
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Pat@amber
| They are located in the county next door to mine and we share the exact same customer area. Many of my customers and friends keep saying they saw one of my new white trucks on the road. Mine are all red. I know of at least one of my customers that called them by mistake and was quite suprised when she opened the door. I have a fantastic lawyer/customer that will take on the case for free, but I don't want to waste his time (or mine) if the case is hopeless. Thanks for the replies. Pat
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MONOLITH
| There's a member here named Zol-Man; going thru the exact same thing, and his is already going to court. He's on the receiving end if the case, vice versa from your situation, but he might be a good source of 'how will the case go' information. PM or Email him, he can't talk publically about the case here.
If he loses his case, that might be a good indicator that you could win yours.
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zol_man
| guys, i tried to answer earlier today, but was cut off the site after typing a long response. i dont type fast, so i had to rest before trying this again:)
pat, is amber your last name? if so, i think that you have a clear winner,BUT, i am not a lawyer. first, who has been in business longer? who has established the "mark" of "amber" first in commerse? that might be another very important factor.
for my case, i have hired a trademark attorney. QUITE expensive, but we will see what happens:) i will give you his contact info if you contact me privately.
good luck, carl zol_man@hotmail.com
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Pat@amber
| Carl, Amber, is not my last name. A good friend of mine was going to start a company named Amber Electric (after his daughter), but got cancer and died. I promised him I would get my master's license and take over the name. That was almost six years ago. I registered with the state in December of 1999. The new company just registered this past year. One of my clients is a trademark and patent attorney here in Maryland, and one of the best in the country. If I decide to go ahead with this I'll probably use him. Hope your case goes well despite what it may mean for my situation.
Pat caparoo@msn.com
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John A. Peters
| Maybe some of us should (R) REGISTER our company names not just (tm) trademark them. Registration is a federal thing, I think and it costs a little money. Any one know about this?
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aline
| I'm in the process of registering my name and logo. It costs $325 and can be done at the following website. http://www.uspto.gov/
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