Lawn Doctor threaten law suit to local guy

[Ric]

Lawn Doctor threaten law suit to local guy

Last three days lawn Doctor of New Jersey has called and threatened to file suite if I don’t stop doing business as Yard Doctor. I have been in business for 5 years under that name in Florida and everything is legal. Lawn Doctor’s call back phone number is 732-946-0029 ext 253 Charlene is the person that keeps calling and threatening a law suite. 732-946-8960 is the number showing on my caller ID.

The small businessman is a dying breed in corporate America today. I state only the fact here and wish to say more but will leave that to you.

[WLS]

I'd tell them to go get ******

[hunter]

what matters is do you have the money even to fight if they're wrong and your right.

But first discuss this with a competent lawyer, I know there aren't many around. They can tell you better if they have a case and it may only cost you $150 for thier advise or even nothing.

Hunter

[indmowing]

Not sure about over there but Here in Aus, no large company in our industry would dare take on a little company, unless they REALLY had something to gain by it, the media would have a field day with it.

Some time ago when we were having a couple problems with a LARGE company here, and they were threatning to sue, a government department called consumer affairs or small business something or other anyways, the name is not important, They told us there was no way they'd sue us, BUT if they really had a problem with us, they'd try and have us sue them, that way their not the bad guys, suing a small family business, however they could keep us tied up in court, help us to spend our money and so on.

No more then two months ago, a Really large company here in Australia rang a member of ours threatning to file a law suite as their name was similar. Anyway they went no-where with it, just scare tactics.

But then again we are not as obsessed with courts here lol. The law suits and suing everyone are only just starting to come into fashion.

I agree with WLS & good advise by Hunter.

Take care all

Ebony

Here's One For You. Now granted Dick Smith is no small business, but the support from the media and public still remains. Instead of big dog eat little dog, it's American dog eat Aussie Dog lol!. But notice the way the first words are "the big US Owned" hehe It's recently in the news and the first thing that came to mind, do a search on google and you'll see what kind of media coverage it got.
-----------------------------------------------
The Age - April 11

Ding-dong over Tim Tams looming
April 11 2003

The big US-owned biscuit maker Arnott's has threatened to take two Australian companies to court for producing a local rival to the world-famous Tim Tams.

Dick Smith Foods said it had received a letter from Arnott's saying the brand's Temptin' chocolate biscuits had to be repackaged or the company would take it to court for trying to cash in on the good name of Tim Tams.

The biscuits are made by Paradise Food Industries and Southern Sky Foods, and sold under the Dick Smith Foods brand, the label set up by the millionaire adventurer to promote Australian-made products.

Arnott's said the names were too similar, and the packaging was an infringement of its trademark rights.

But Mr Smith has challenged Arnott's to take him to court.

[Green Time]

Maybe just ignore them and they will go away. It's gonna cost them to come after you and its cheap to call you a few times when to try and scare you.

[McBillNLex]

I think I would find a copy of my articles of incorporation and at least the top name address and etc. of my corporate tax returns and take out a display add in the sports section of saturdays paper(above the fold). Mention no other company by name but write an open letter about national companies threatening and harrasing local legitimate businesses with frivolas lawsuits take a picture of the articles of inc headers of corporate tax returns and your liability insurance policies and make them a background clear enough to read names of companies the paste the letter on top of the background.

Now I will caution that I am a redneck old bastard with no formal legal training, only the training I have recieved at the hands of attorneys who have defended my hot tempered butt, so I would at least ask a good competent attorney(the ones in medium sized firms that don't advertise on TV and chase personal injury cases) for advise on this redneck takes on the goliath strategy.

My 2 cents

[Ric]

Gentleman

The whole thing is in the hands of a very good lawyer. He informs me they don't have a case. The ball is now in there court. Thanks for letting me vent myself to kind ears.

[Scott]

you know what you do now?

You go to your local pet store, get the whitest rabbit you can find. Then go home, get a large boiling pot, some water,,,,

[acutabove1995]

Here is an idea if it bothers him so much maybe he should change his name. I would say if you would like to send me a letter from your lawyer and my lawyer will take care of it. All he is hoping I think is you will change your name by chance if your name is incorporated which I dont know if it is. He will have to go through different channels because he wont be able to sue yourself. I went through the same problem years ago and told the woman to sue the Government because I was Incorporated. I didnt hear from her again. I dont personally think the name is close enough for him to harrass you. The way he is. Just ignore him and laugh. It would also be really funny if you had your name first.

Good luck

[BRL]

Good to hear your lawyer agrees with me!

Acutabove1995,
Just so you know, this "guy" is the 3rd largest lawn care company in the US & possibly North America. They may be doing over 100 million in sales at this point & they started in the 60's. So this is clearly a case of bored lawyers or workers in the office pushing their weight around because they've run out of other real stuff to do. Any logical judge will throw the case out if it manages to get to his or her court.

[acutabove1995]

Here is my point if you are Incororated and have done your Annual reports and kept the Incorported company active than the larger company will have to go after the Government and in fact would legally have nothing to do with the smaller company. Do to them approving the name and the smaller company has done everything in good faith. In fact if the larger company has anything to say put it in writing if they do proceed and put it in writing send a copy of the letter to the Government along with your Corporate Number and explain the situation and I am sure the Government will interveen and take care of their own problem. Verbal means ***** If the Larger company is doing this in good faith they now they have to send you a letter in writing explaining their postion and detail what they want changed. I dont think personally the name is even close. Bored lawyers like BRL said. I would be interested to hear a follow up on this story.

[Alpine Naturescapes]

Tell them you'll sick your juris doctor on them!

[Green Time]

Hey Ric,

Just in case you havent seen this. http://www.yarddoctor.com If this isnt you, then there is another company out there know as Yard Doctor! This might help your case as well!

[Ric]

Green Time

Thanks for the reply. No that is not my website. There are 3 compamies in Florida doing business under the name Yard Doctor and listed with the state. There have got to be an bunch more around the country. My Lawyer tells me they don't have a case and has responsed to there Letter. I really can't say any more. Thanks for the help

[Ric]

Up Date

On Wednesday Jan 26 2005 I went to a pre-trail mediation concerning the above discussed copyright law suit. This has dragged on way Too Long. Fighting this has not been good for my mental health. Therefore I have accepted a 5 figure offer from Lawn Doctor to stop using the name Yard Doctor landscaping. This is now a court ordered settlement in this case. However it does not stop anyone else from using the name Yard Doctor. I certainly could not recommend that everybody change their name to Yard Doctor to try and get the same kind of money out of them. I am sure they would not pay a hundred people that kind of money. BTW they must give me all of the cash we agreed on by Feb 7 2005.

Next week I will announce the new name of my company after the paper work is complete. On March 1 2005 I will announce the plans I have been working on concerning my company. Actually the timing on this settlement could not have been timed more perfect. I would like to express my thanks to Lawn Doctor Inc. on this settlement.