Is this trademark infringement?

[AVInstaller33]

What is the name of your state (only U.S. law)? FL


I started my own landscaping business in the area with a very distinctive name, which I trademarked from the beginning. There have been other competing businesses in the same town marketing to the same clients, but recently one has become very aggressive. They began advertising with names VERY similar to mine (they make up several dozen names for their single company, which link to the same website online...).

The similarity is roughly analogous to, for example, if the home improvement chain "Home Depot" suddenly had a competitor across the street using the name "Homes Depot," "My Home's Depot" and "Your Home's Depot", or "Toys'R'Us" having to deal with another toy store with 30 listings in the Yellow Pages next to it including "Toys Are Us," "Toy Are Us," and "Toys'B'Us."

This other company also uses many other names, some of which are related to other similar competing businesses in the area. Is this something they can get away with? Changing one or two letters in a trademark in an obvious effort to confuse the public? More than once this guy's wife has been mistaken for my wife, since so many neighborhood people know my company and see her driving in a car with 'their' advertisements on it. (they also flagrantly disregard city ordinances regarding the posting of signs. They routinely put up illegal advertisements, and when contacted by Code Enforcement, they just move the advertisements to a different street corner) It is really quite shameless. They even brag about this to anyone who will listen.

I feel that my reputation is being severely damaged by their use of a name so similar to mine after I worked so hard to build a loyal client base, not to mention advertising has become impossible due to their flooding the area with dozens of company names including several so similar to mine.

Is there anything I can do about this?

Does a trademark only protect the exact words, or is there some leeway in cases where another party is obviously attempting to abuse the system using very similar names?

[quincy]

It sounds like this company is blatantly infringing on your trademark.

I suggest you consult with an IP attorney in Florida. Have your attorney, first, send a cease-and-desist letter to this company, and then consider filing an infringement action against them.

If you were the first in your area to use this trademark to identify your landscaping business, you can prevent others in the area from using it on competing goods and services, and you can prevent others from using it even if the other use is not on competing goods or services. If the dual use confuses consumers, you can prevent its use by others.

In addition, if your landscaping business has a reputation in your area for good service and quality, you can take this other company to court under antidilution statutes, which protect a trademark from being tarnished or weakened by its use and/or overuse by others.

Wait for others to post with additional advice and/or information.

[divgradcurl]

I agree with Quincy's advise to seek out counsel, who can review all of the facts of your situation and advise you accordingly.

If you were the first in your area to use this trademark to identify your landscaping business, you can prevent others in the area from using it on competing goods and services, and you can prevent others from using it even if the other use is not on competing goods or services.

I think this overstates the "power" of a trademark -- typically trademark holders cannot prevent non-competing goods and services from using the same, or similar name, so long as there is no likelihood of confusion.