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Stealing my business name

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cyndilong

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Florida

I started a business in July 2005 (ficticious name and business license) both for GIRL FRIDAY ENTERPRISES. I was running it as a sole proprietor. I had business cards, mailings, brochures, advertisements, and car decals done.

In October 24 I sent a direct mail piece to over 1000 homes, and passed out some information to local realtors. I got a call from a realtor on Oct 26th telling me there was another company "gal friday services" and would I like to buy it for $85K. I told her no, and that I had never heard of it?? My company is a "lifestyle management and personal concierge service" hers appears to be house cleaning.

On November 1 the owner of "Gal Friday Services" registered my name "Girl Friday Enterprises, Inc." to herself (actually to her husband) and she sent ME a note telling me to cease and decist using HER NAME!@! She is now in the process of having my name service marked!!

She is claiming that I "stole" her business idea??? I did months of research and NEVER found anything about any similar company type or even name in my area before starting mine. She is not in the yellow pages, (book or on line) has no web site, not a member of any local chamber, and I spoke with NUMEROUS people and businesses in town and no one ever mentioned anything about another business. The ONLY thing we ever found about her was a one line ad for "Gal Friday Services" in a local paper advertising "housecleaning" and we only found this AFTER she threatened me.

After the threat I incorporated "Girl Friday Services Lifestyle Management & Personal Concierge Services, INc." the state approved this incorporation.

Can you tell me if there is any case law or president on my side. According to the "state" since she incorporated first my name is "hers", but I can show prior and first proof of use. Additionally, she had to disclaim "Gal and Friday" when she did the service mark for her original name. And the terms "Girl Friday" is a recognized "common" description just like "secretary" or "plumber" and is even int he dictionary. Why is she not being asked to disclaim Girl and Friday in her new filing for a service mark? How can she "own" or claim rights to such a name. Additionally, there are literally 100's of other Girl Friday (and even Gal Friday) companies around the country and even others here in Florida!

I have spent untold amounts of money and time branding my company and marketing and networking in 2 counties, and now according to the state if her service mark is approved she may be able to sue ME to cease using MY name!!!

PLEASE HELP!! I need to stop these unfair business practices, I had NO prior knowledge of her company and no intentions of "stealing" anything, concierge services are a very fast growing industry and I am simply trying to start my own service.

P.S. Her HUSBAND who put all the companies in his name is an Asst. States Atty!!! Isn't there some sort of conflict here as well being how they KNEW I existed when they started taking over my name and everything and she mis represented herself as the owner when infact she is not??
 


JETX

Senior Member
cyndilong said:
Can you tell me if there is any case law or president on my side.
Based solely on the contents of your post.... you do not have a valid claim.

Your d/b/a registration is completely separate from the states corporation registration. Corporate names are 'first come', first serve'... and based on your post, it would appear that she got their (to the state) first.

Why is she not being asked to disclaim Girl and Friday in her new filing for a service mark?
Can't answer why something didn't or doesn't happen. Could be an error.... or not.

How can she "own" or claim rights to such a name. Additionally, there are literally 100's of other Girl Friday (and even Gal Friday) companies around the country and even others here in Florida!
Not relevant. There SHOULD only be ONE with that specific name registered with the FL Division of Corporations. In fact, there are LOTS of different charters using that name in some version or another:
GIRL FRIDAY INC
GIRL FRIDAY, INC.
GIRL FRIDAY
GIRL FRIDAY OF DEFUNIAK SPRINGS, INC.
GIRL FRIDAY ENTERPRISES, INC.
GIRL FRIDAY ENTERPRISES
GIRL FRIDAY ENTERPRISES LIFESTYLE MANAGEMENT & PERSONAL CONCIERGE SERVICES, INC.
GIRL FRIDAY OF FLORIDA INCORPORATED
GIRL FRIDAY OF THE FLORIDA KEYS, INC.
GIRL FRIDAY FROM CLEARWATER, INC.
GIRL FRIDAY, LLC
GIRL FRIDAY OF MIAMI, INC.
"GIRL FRIDAY" OFFICE SUPPLY AND SECRETARIAL SERVICE, INCORPORATED
GIRL FRIDAY PERSONNEL, INC.
GIRL FRIDAY SERVICES OF FLORIDA INC
GIRL FRIDAY SOUTHERN ENTERPRISES INC
GIRL FRIDAY TEMPORARY PERSONNEL, INC.

I have spent untold amounts of money and time branding my company and marketing and networking in 2 counties, and now according to the state if her service mark is approved she may be able to sue ME to cease using MY name!!!
Again.... you should have had an attorney or experienced corporate registration firm involved in all of this... and they presumably would have told you what was needed to protect 'your' name statewide.

PLEASE HELP!! I need to stop these unfair business practices, I had NO prior knowledge of her company and no intentions of "stealing" anything, concierge services are a very fast growing industry and I am simply trying to start my own service.
Then you need to do so using a name that YOU register first.

P.S. Her HUSBAND who put all the companies in his name is an Asst. States Atty!!! Isn't there some sort of conflict here as well being how they KNEW I existed when they started taking over my name and everything and she mis represented herself as the owner when infact she is not??
Nope. Done all the time. In fact, at one time there was a booming business in people registering retailer names in states where large company's weren't located..... and then selling that name to the retailer when they wanted to open in that state.
Example: The Florida Div of Corp. has ELEVEN different corporate versions of Wal-Mart!! And THIRTY-SIX different Winn-Dixie's!!!
 

cyndilong

Junior Member
What about my current In.

I have Girl Friday Enterprises Lifestyle Management & Personal Conceirge Services, Inc. in my name. Since this corporation is active and legally mine can shetell me to NOT use Girl Friday or Girl Friday Enterprises or force me to stop using my full name??
 

JETX

Senior Member
cyndilong said:
I have Girl Friday Enterprises Lifestyle Management & Personal Conceirge Services, Inc. in my name. Since this corporation is active and legally mine can shetell me to NOT use Girl Friday or Girl Friday Enterprises or force me to stop using my full name??
Yep. She can tell you to stop doing anything that she wants to (as you can her). However, whether she has the LEGAL right to do so... is a complex matter and would require the services of a local attorney to review the facts. Personally, and without reviewing the FULL details.... I think she is full of crap......
 

cyndilong

Junior Member
ME Too!~

I agree, I think she is full of crap as well! Not to mention just down right mean and petty!!

Thanks for yoru insight and advise. My intention is to see if I have any grounds for going forward using my FULL INC NAME before retaining an atty and fighting her. Assuming she is petty enough to sue me.

Do you think getting a federal TM for my name trump her Florida Service mark?
 

JETX

Senior Member
cyndilong said:
Do you think getting a federal TM for my name trump her Florida Service mark?
Nope. Then she will get an international one.
And you will have to get a 'solar system' registration.
Then she will get a universal registration.
Ad nauseum.

Your risk at this point is simply... Who, if either of you, is willing to risk the cost, time and ordeal of legal fees and a potentially expensive lawsuit??
 

divgradcurl

Senior Member
Do you think getting a federal TM for my name trump her Florida Service mark?
And just FYI, even if you somehow were able to obtain a federal trademark registration, that would not allow you to keep HER from using the name, it would only allow you to keep her from expanding beyond the existing territorial reach of her current business at the time the registration was granted.
 

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