Tizimarezie Posted July 10, 2008 Share Posted July 10, 2008 I registered my domain name back in Feb. 2007...she (he?) registered back in Sept. 2007. Although the domain names are slightly different, my business name is Aroma Fields . . . and so is hers/his. I'm bugged by this but can't say for sure that she/he even knows I exist although I would think that before someone starts a business, they would be smart enough to know if they're name is unique. I'm all over the internet so it's not hard to find me by typing in aroma fields. I'd contact her/him but the "about us" page is blank and there's no contact info on the site. Her/his site appears to be under construction. I looked up their domain in the Network Solutions database and there's no contact information available there, either. I don't even know where this business is located but it can't be in my area because I have a DBA on file.Before I chose my business name, I did a lot of research to make sure it was unique. I had originally chosen a name "Olde Town Candles" but noticed that there was an "Old Town Candles" online already. Though the spelling was a wee different, I didn't want to infringe upon someone else's creativity nor appear to be riding on the coat tails of someone else's established success. Now, having Aroma Fields for over 2 years, I've seen a lot of "aroma" this and "aroma" that popping up here and there but not my actual business name...until now. I'm so bummed :-(I'll post the two links here (mine and hers/his) but if it's not something I should be doing, I apologize and accept that Admin will remove them:My site: www.aromafieldscandles.comHers/His site: www.aromafields.comDoes anyone know how I should pursue this? Or even if I should? I don't know if this is something that happens all the time and I should just expect this sort of thing and live with it. Advice?TIA Quote Link to comment Share on other sites More sharing options...
MissMary Posted July 10, 2008 Share Posted July 10, 2008 One course of action you can start with is to write a simple and polite letter to the host. Looks like homestead.com. Inform them, again very nicely, that you have been using this name in trade since that date and cannot contact these owners any other way as their contact info is blank and thank them for their assistance.I'd start there. Quote Link to comment Share on other sites More sharing options...
Tizimarezie Posted July 10, 2008 Author Share Posted July 10, 2008 I just noticed (doh!) a phone number on the home page. The area code puts this business in Montana. Good that I don't have to compete locally but it's STILL my business name out there on the Internet :-( I don't think calling this person is a good idea. I've always thought things done in writing carried more weight.Advice? Quote Link to comment Share on other sites More sharing options...
Tizimarezie Posted July 10, 2008 Author Share Posted July 10, 2008 Thanks, MissMary! Quote Link to comment Share on other sites More sharing options...
Candybee Posted July 10, 2008 Share Posted July 10, 2008 That really sucks! When I started my biz I used a combination of my own name so it would be unique. But that doesn't mean somebody else could come along and open a company with a very similar name that is spelled differently. I suppose if you are ready to fight for your name legally you could consult your attorney. Perhaps he/she could draft and send a C&D letter to this person. That may be enough to stop them dead in their tracks. Quote Link to comment Share on other sites More sharing options...
Stella1952 Posted July 10, 2008 Share Posted July 10, 2008 You began using the name in Feb 07 - they began using the name in Sept 07. Therefore, unless they can prove that they used the name prior to that time, you can reasonably ask them to cease and desist. This is why it pays to register a copyright or trademark - makes the water clearer.Also, have you gotten a Federal Tax ID number for your business under that name, any local licenses, etc.? Those are also corroboration as to when you began using that business name... Quote Link to comment Share on other sites More sharing options...
barncat Posted July 10, 2008 Share Posted July 10, 2008 Unless you have your name trademarked, even then it can be iffy, forget it! It's called free enterprise. 99% chance that she did not copy off of you ,probably just a coincidence. It's your problem that you didn't register that name too..not being mean..just the way it is. I sugges ttaht anyone who registers a web name also looks into all the alternatives that it could be and buy them up, it's only a few dollars a year! Quote Link to comment Share on other sites More sharing options...
Tizimarezie Posted July 10, 2008 Author Share Posted July 10, 2008 Thanks for all the info. I paid for a DBA (as I mentioned above) and I have a Fed ID. I took the time and spent the money to protect my business name. She can have the domain name she's chosen...just not my business name. She can sell under the name all she wants to in her neighborhoods...just not on the Internet with my name.I called Homestead and they offered an email addy to their legal department. I wrote an email giving them the details and asking them to please remove the site from their server. But, I can't keep following this person around asking that their site be removed from servers.Oh well, her/his pictures look like cr@p, anyway.It's a jungle out there, man! Quote Link to comment Share on other sites More sharing options...
nantes Posted July 10, 2008 Share Posted July 10, 2008 If you do want to write them a letter directly, you can do a reverse number look-up for their phone number. I did it and you can get their address - they are in Anaconda, MT.hthnantes Quote Link to comment Share on other sites More sharing options...
MissMary Posted July 10, 2008 Share Posted July 10, 2008 Unless you have your name trademarked, even then it can be iffy, forget it! It's called free enterprise. 99% chance that she did not copy off of you ,probably just a coincidence. It's your problem that you didn't register that name too..not being mean..just the way it is. I sugges ttaht anyone who registers a web name also looks into all the alternatives that it could be and buy them up, it's only a few dollars a year!Incorrect. Trademark is used when the person went into business and can prove it. Registered (designated by the R with a circle instead of the TM mark) is a nice thing to have and can help, but it's not necessary to prove you were the first in trade. If Yankme didn't buy a trademark, and you tried to use it, you can still be C&D'ed because they have been using the name in trade.This is why is pays to do your research before picking a name. Now, if this person was using the name, just not on the web, different story, because they've been using the name in trade longer. BUT you need a document, such as a receipt that was filed in taxes, or state DBA/federal ID applications count as well.Free enterprise doesn't mean what you think it means. Quote Link to comment Share on other sites More sharing options...
Tizimarezie Posted July 10, 2008 Author Share Posted July 10, 2008 Thanks for the clarification, MissMary :smiley2: And thanks for the reverse look up info, nantes.If she doesn't get her site removed, I'm going to pitch one heck of a fit to that hosting company! Quote Link to comment Share on other sites More sharing options...
barncat Posted July 10, 2008 Share Posted July 10, 2008 Don't want to argue, but I beg to differ. There are upteen different companies out there with the same name. A DBA does not protect you! I had a course in college on openign a business and all the needed permits and regulations you need and I rememebr doing a whole week on business names. My corporate name is protected in my state only, no one else can use it only cause it is incorporated, but someone can open another company with the same name in a neighboring state can. What you file is CA has nothing to do with MT. I have 4 stores named The Picket Fence all in different states, do you think that would really happen if there were protection? For my store name, there were 4 of us in my state alone. If you need clarification, please call you state busineess office where you filed your forms. Here's a link that can explainhttp://businessnameusa.com/articles/business_name/business_name_protection.htm Incorrect. Trademark is used when the person went into business and can prove it. Registered (designated by the R with a circle instead of the TM mark) is a nice thing to have and can help, but it's not necessary to prove you were the first in trade. If Yankme didn't buy a trademark, and you tried to use it, you can still be C&D'ed because they have been using the name in trade.This is why is pays to do your research before picking a name. Now, if this person was using the name, just not on the web, different story, because they've been using the name in trade longer. BUT you need a document, such as a receipt that was filed in taxes, or state DBA/federal ID applications count as well.Free enterprise doesn't mean what you think it means. Quote Link to comment Share on other sites More sharing options...
Beth-VT Posted July 10, 2008 Share Posted July 10, 2008 MM, lets not start this whole trademark/copyright conversations again. Fact is, if no one has registered their business name with the USPTO, it is NOT in violation of anything for more than one business to have the same name, especially if they are in different states. There are probably hundreds and hundreds of different companies that have the same biz name as someone else across the country. Even companies that are in the same type of business. (The Chimney Sweep is an easy one.....Google it and you'll find them, all over the place). A DBA doesn't mean squat, except within your own state. It offers no protection outside of your state borders. In CA many years ago, you were only protected within your own county. There could be a XXX Co. in Northern CA and one in SoCal as well, that may have changed now.Anyone can claim TM, but unless you're willing to follow through with a ® it really doesn't mean a whole lot. Quote Link to comment Share on other sites More sharing options...
Di_in_AZ Posted July 10, 2008 Share Posted July 10, 2008 Anyone can claim TM, but unless you're willing to follow through with a ® it really doesn't mean a whole lot.That is pretty much what it boils down to. You can even have a name trademarked and if another business uses it, legally the only way to stop them if they ignore your request is to sue them. You will have to pay a lawyer, and it will be very expensive and time consuming. Something to consider is if it is worth it. Sending a C&D would be cheap, but if they ignore it, you will have to decide if they are really causing you a loss in your business. I am not 100% sure, but I don't think it is a hosting company's responsiblity to enforce business name trademarks either. They have no way of knowing whether a name is trademarked or not and I doubt they will shut down a customer on your word that they are using your trade name.I have had this happen (similar circumstance) and basically the other person is not near me and really is not affecting my business. I am not planning on being the next Yankme so it is not worth my time or money to pursue. A lot of small craft businesses don't have longevity either. Quote Link to comment Share on other sites More sharing options...
bugtussle Posted July 10, 2008 Share Posted July 10, 2008 The name of her company is Aroma Fields. The name of your company is Aroma Fields Candles. These are 2 different names. You should have also bought the domain name "aromafields" if you wanted protection. I think it was a coincidence. IMHO Quote Link to comment Share on other sites More sharing options...
MissMary Posted July 10, 2008 Share Posted July 10, 2008 Don't want to argue, but I beg to differ. There are upteen different companies out there with the same name. A DBA does not protect you! I had a course in college on openign a business and all the needed permits and regulations you need and I rememebr doing a whole week on business names. My corporate name is protected in my state only, no one else can use it only cause it is incorporated, but someone can open another company with the same name in a neighboring state can. What you file is CA has nothing to do with MT. I have 4 stores named The Picket Fence all in different states, do you think that would really happen if there were protection? For my store name, there were 4 of us in my state alone. If you need clarification, please call you state busineess office where you filed your forms. Here's a link that can explainhttp://businessnameusa.com/articles/business_name/business_name_protection.htmETA: And it's not the hosting companies responsibility solely, but if there were no way to contact the site owner, then it's a good place to start. The laws are still murky when it comes to hosts.I didn't say that was the trademark, I said that would be proof of the name in trade. Like Di said though, it's costly to go through and if they aren't direct local competition, you can ask nicely, but if they don't there's quite a cost involved. The question you need to ask, is what you'd pay to have them taken to court more than you would lose by their business name.Directly from the USPTO:Is registration of my mark required? No. You can establish rights in a mark based on legitimate use of the mark.http://www.uspto.gov/web/offices/tac/doc/basic/register.htm Quote Link to comment Share on other sites More sharing options...
Quack Soap Posted July 10, 2008 Share Posted July 10, 2008 hmmm ... I would tread lightly on this one and ask questions before throwing accusations out there. What if you find out they've been in business longer than you but just didn't have a website until now and they decide to turn it around and require YOU to stop using the name "Aroma Fields"?I know it's not what you want to hear, but I don't really see much you can do since you're only using/labeling with "part" of your website name, and you chose not to purchase the other variations, and the 2 businesses are far apart from each other. I understand that you don't want a craft fair buyer (just pulling an example there, not being specific) to remember "the name" and go Googling and find "the other" person instead of you, but since you know that possibility is there you'll have to come up with some way of dealing with it. I can't foresee any agency forcing the other site to shut down.I hope you do post the outcome of this, because I truly am interested! Quote Link to comment Share on other sites More sharing options...
Di_in_AZ Posted July 11, 2008 Share Posted July 11, 2008 I know, hijack--I love your logo and design. They are very nice looking Quote Link to comment Share on other sites More sharing options...
eugenia Posted July 11, 2008 Share Posted July 11, 2008 I think you are barking up the wrong tree; I see no problem here.Let's say my biz name is the ABC Soap and Candle Company. My web is ABCsoaps.com. There is another that is ABCsoap.com and yet another that is ABCsoapsandlotion.com. None of these are a problem for me, nor should they be. In fact ABCsoapsandlotion.com is for sale. Do you think I want to buy it? No....e Quote Link to comment Share on other sites More sharing options...
HeavenScentU Posted July 11, 2008 Share Posted July 11, 2008 I don't see a problem with the names. They are completely different. The only problem would be if you owned both names Aroma Fields and Aroma Fields Candles, then that would be an issue. Quote Link to comment Share on other sites More sharing options...
Tizimarezie Posted July 11, 2008 Author Share Posted July 11, 2008 I appreciate the input but I think some of you are confusing domain name with business name. I'm not concerned with her domain name....though, apparently, I should have been and should have purchased it along with the one I chose. My boo-boo. But I still think if this person had done the slightest bit of research (i.e. type in "Aroma Fields" into Google) she would have known there'd be a problem. I had an Internet presence long before she did and she would have easily found my site.Good night, all. Quote Link to comment Share on other sites More sharing options...
Stella1952 Posted July 11, 2008 Share Posted July 11, 2008 I agree that the domain name thing is not the issue at all so the hosting company, etc. has nothing to do with this... until it is verified that the other company is in violation of the law. THEN the hosting company can be dragged in... It is a matter of doing business with your business name that is at issue. Rather than spend a lot of time reading opinions here, if you think there is a monetary or reputation issue, contact an attorney for a consult. A consultation shouldn't cost a fortune and an attorney specializing in this area of law will be able to quickly tell you whether it's worth it for you to pursue litigation, etc. Many times, the cease & desist letter will do the trick. AND if/when you do consult with an attorney, would you please update here so that we may all learn? Good luck! Quote Link to comment Share on other sites More sharing options...
soapmom25 Posted July 11, 2008 Share Posted July 11, 2008 I appreciate the input but I think some of you are confusing domain name with business name. I'm not concerned with her domain name....though, apparently, I should have been and should have purchased it along with the one I chose. My boo-boo. But I still think if this person had done the slightest bit of research (i.e. type in "Aroma Fields" into Google) she would have known there'd be a problem. I had an Internet presence long before she did and she would have easily found my site.Good night, all.perhaps she didn't think she needed to research the name online because she had already been in business? Quote Link to comment Share on other sites More sharing options...
HeavenScentU Posted July 12, 2008 Share Posted July 12, 2008 Even though you registered your domain name earlier than the other candle co. doesn't mean anything. That business could have started way before they got a website. I started my business in 1998 and didn't get a website until 2005. So doing a lot of research on your own would help you out alot before you spend alot of money on legal fees. Quote Link to comment Share on other sites More sharing options...
Wick'n'Wax Posted July 13, 2008 Share Posted July 13, 2008 I know nothing of US law being in the UK, but just made an observation (might throw a spanner in the works, sorry). On the aromafieldcandles website, at the bottom, it says, see aroma fields on etsy, so aromafieldcandles are using the name aroma fields ok I'll go now :tiptoe: Quote Link to comment Share on other sites More sharing options...
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