Local Decorator Using My Business Name

Business By twistedsplinters Updated 16 Nov 2009 , 9:44pm by rosiecast

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twistedsplinters Posted 12 Nov 2009 , 1:32pm
post #1 of 10

About a month ago I was informed of this person who i just found out is on CC and started using my Trademarked business name that took me forever to get trademarked after sending money and checking online to see that the name wasnt taken, i still had to wait until the trademark office checked their records which took FOREVER.
I have contacted this person and asked them to please rename their business and stop using my name. They have not stopped still selling cakes using my name.

Apparently this person has commented on some of my photos and decided hey I like that name im going to use it.
Any advice on how to handle this? This is the 1st time Ive had something like this happen.

9 replies
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cakesdivine Posted 12 Nov 2009 , 1:52pm
post #2 of 10

I had a lady use my name in another state, her quality of work was very subpar and I let her know that I had the name trademarked as well as my tag line. She didn't change it completely, she just added another word to the end of it, but her website name was my website name that I accidentally let lapse during my horrendous divorce (a bit preoccupied with other stuff to realize the darn thing had lapsed). At anyrate I asked her to please surrender the domain name if she closed her business, she went out of business after a year. I had even paid GoDaddy to capture the name once it had lapsed. Well GoDaddy dropped the ball and a domain broker now has it and is trying to sell it for $500! I told them good luck with that since I hold the trademark for the name and if anyone else stupidly purchases it for that insane amount then they would get a rude awakening. The domain is still for sale. LOL! Even if they are in a different state, people might think her site is yours and her work is yours...That SUCKS!

I had one woman call me once and ask how much the Elmo cake on my site costs. I didn't have an Elmo cake on my site. Yep it was a Wilton pan cake. I had to explain that I wasn't that person, and gave her my website, she called back and commented to me at how different the level of decorating was between the two sites and that my cakes made hers look like a child had decorated them.

You might want to hire a lawyer to send her a cease & desist letter. It can compromise your biz if her work isn't as good as yours.

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littlesweetpea Posted 12 Nov 2009 , 2:12pm
post #3 of 10

Is it a state trademark or a federal trademark? You can obtain a state trademark, even if there's a trademark on the name in another state. If it's a federal trademark-you can sue the other business using the name. Be careful though-the name trademarked must be exactly like the one this other business is using. In other words my business name as trademarked has LLC on the end. Anyone can use my name if it does not have the LLC on the end. I would think if a business is in the same area, they would want to distinguish themselves from another business. So why use the same name??? Hope all works out for you!

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snarkybaker Posted 12 Nov 2009 , 7:17pm
post #4 of 10

Have your lawyer send them a cease and decist. If you have a trademark, you can also fax a copy of the cease and desist with the Trademark documentation to their web hosting site and have them shut down.

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twistedsplinters Posted 12 Nov 2009 , 7:26pm
post #5 of 10

Thanks guys so much!

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__Jamie__ Posted 12 Nov 2009 , 7:30pm
post #6 of 10

Oooh, and this person could be reading this thread right now?? Ha! Should be inneresting.

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twistedsplinters Posted 12 Nov 2009 , 8:20pm
post #7 of 10

I hope so i know her screen name on here and her real name, i have her number as well. I want to call her so bad but im not going to mess anything up and let the lawyer handle it. I love the cake snob logo haha!

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__Jamie__ Posted 12 Nov 2009 , 9:00pm
post #8 of 10


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JenniferMI Posted 15 Nov 2009 , 2:24pm
post #9 of 10

You really need to get a lawyer involved....


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rosiecast Posted 16 Nov 2009 , 9:44pm
post #10 of 10

Good luck. That sucks.

I still don't understand why you're going to start a business under someone else's shadow- Well, I can understand it, is just stupid to start YOUR business copying someone else. Even so far as using their name. (and by YOU I mean the name thief not the OP)

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