ScalpelUser
Junior Member
What is the name of your state (only U.S. law)? Florida
Hello!
I hope that someone can help me with a bit of general advice, a point in the right direction.
I've started up a small dog walking and pet sitting company where I live within a gated community/apartment complex owned by a company known as ZRS Management. I've been doing this for about four months now under the name "Apartment Complex Pet Sitting Services" where 'Apartment Complex' is the name of the gated community itself. I've had posters up to this affect, business cards, and was even allowed to market at a recent complex BBQ. It was at this BBQ that one of the office employees offered me the opportunity to put my flyer in their welcome packet, that's fantastic!
Excited I decided to revamp my marketing materials a bit. Instead of "Gated Community Pet Sitting Services" I shortened it to "Gated Community Pets!". Now this is where it gets a little sticky and I do know what I was doing, HOWEVER, legally speaking I didn't use their logo, simply found fonts akin to it, used different colors, and added a splash of a paw print over it. So YES, my intention was to appear a part of the complex where I work at, NO this was not done sneakily. I have been using their name when advertising my services (I work strictly within the bounds of the gated community) and simply wanted a better look. I thought since I was being allowed into the welcome packet it was an assumed connection to Gated Community as when I received my welcome packet the information was all very local and minimal. It didn't feel like a collection of various businesses. Not thinking I was special, but I felt welcomed.
I delivered fresh posters with the new logo and information including a Twitter, Facebook, and website. All of which I built myself and while the logo that looks like the font "Gated Community" uses is only pictured on one such website I was told that all of these websites would need to be changed.
NOW, an additional sticking point. It is not an owner, regional manager, or someone from ZRS saying this, it is someone within the office. When I first presented my posters to one of the office workers (One of the most well known and the one who offered me the spot) she liked them a lot and said I could bring in business cards as well. It's a different person (whom as far as I know I have never met) who called me up to tell me this. She stated I could still be included in the welcome packet, but everything would have to change.
I DO understand the logo issue, I was excited when making it and although I used all original assets it could cause confusion. Do they have rights to just the name of the community too? Their full name on their logo is "Gated Community Apartments" I used "Gated Community Pets" in different colors and with additional images. If I'm treading on uncomfortable territory here then I'll change it, fine, but would my name have to change? The "Gated Community" portion is two general words, just like any gated community would be "Smooth Palms", "Waterside Flamingos", etc... general terms, nothing unique.
So, first question, could I still use the name "Gated Community Pets!" with a different font?
Second, when I was speaking to the office woman about my flyers she would give me NO information. She said that if I wrote a letter of request she would give it to her Regional, but would not give me their name not even so I could address them in the letter itself. Said she didn't feel comfortable giving it out (although I'm assuming it's public information, I'm still a bit in worry mode.). My goal from the beginning with making my brand relate to the complex itself was to eventually approach ZRSManagement and hopefully expand into other complexes with this service. She didn't seem to understand this, talked about the legalities, if I was hurt, if a pet died, etc... basic worries about being sued. Which I understand, I make my clients sign a release form should any accidents occur, but this was her general argument. A valid one! But I was approaching her with the mindset of 'yes, I got ahead of myself and can change the logo, but this is why I did it and I would like some information to see what route I should now take as I want to be a part of a bigger company if possible.'. She wouldn't allow me any names of the Owners, any higher ups, nothing. I didn't argue with her, just said I understood, and she stated she would check back with me next week. I assume she'll be monitoring my Twitter and FB to see if they've changed.
*deep breath* So, that's that! I know I got a bit ahead of myself with the similar fonts and name, but it wasn't done maliciously, it simply seemed like a smart move. I want to correct it and still use as much of what I currently have as I can (mostly for cost's sake) and I want to grow my business.
Any advice? Or even just a 1-10 how badly I messed up without realizing it?
Hello!
I hope that someone can help me with a bit of general advice, a point in the right direction.
I've started up a small dog walking and pet sitting company where I live within a gated community/apartment complex owned by a company known as ZRS Management. I've been doing this for about four months now under the name "Apartment Complex Pet Sitting Services" where 'Apartment Complex' is the name of the gated community itself. I've had posters up to this affect, business cards, and was even allowed to market at a recent complex BBQ. It was at this BBQ that one of the office employees offered me the opportunity to put my flyer in their welcome packet, that's fantastic!
Excited I decided to revamp my marketing materials a bit. Instead of "Gated Community Pet Sitting Services" I shortened it to "Gated Community Pets!". Now this is where it gets a little sticky and I do know what I was doing, HOWEVER, legally speaking I didn't use their logo, simply found fonts akin to it, used different colors, and added a splash of a paw print over it. So YES, my intention was to appear a part of the complex where I work at, NO this was not done sneakily. I have been using their name when advertising my services (I work strictly within the bounds of the gated community) and simply wanted a better look. I thought since I was being allowed into the welcome packet it was an assumed connection to Gated Community as when I received my welcome packet the information was all very local and minimal. It didn't feel like a collection of various businesses. Not thinking I was special, but I felt welcomed.
I delivered fresh posters with the new logo and information including a Twitter, Facebook, and website. All of which I built myself and while the logo that looks like the font "Gated Community" uses is only pictured on one such website I was told that all of these websites would need to be changed.
NOW, an additional sticking point. It is not an owner, regional manager, or someone from ZRS saying this, it is someone within the office. When I first presented my posters to one of the office workers (One of the most well known and the one who offered me the spot) she liked them a lot and said I could bring in business cards as well. It's a different person (whom as far as I know I have never met) who called me up to tell me this. She stated I could still be included in the welcome packet, but everything would have to change.
I DO understand the logo issue, I was excited when making it and although I used all original assets it could cause confusion. Do they have rights to just the name of the community too? Their full name on their logo is "Gated Community Apartments" I used "Gated Community Pets" in different colors and with additional images. If I'm treading on uncomfortable territory here then I'll change it, fine, but would my name have to change? The "Gated Community" portion is two general words, just like any gated community would be "Smooth Palms", "Waterside Flamingos", etc... general terms, nothing unique.
So, first question, could I still use the name "Gated Community Pets!" with a different font?
Second, when I was speaking to the office woman about my flyers she would give me NO information. She said that if I wrote a letter of request she would give it to her Regional, but would not give me their name not even so I could address them in the letter itself. Said she didn't feel comfortable giving it out (although I'm assuming it's public information, I'm still a bit in worry mode.). My goal from the beginning with making my brand relate to the complex itself was to eventually approach ZRSManagement and hopefully expand into other complexes with this service. She didn't seem to understand this, talked about the legalities, if I was hurt, if a pet died, etc... basic worries about being sued. Which I understand, I make my clients sign a release form should any accidents occur, but this was her general argument. A valid one! But I was approaching her with the mindset of 'yes, I got ahead of myself and can change the logo, but this is why I did it and I would like some information to see what route I should now take as I want to be a part of a bigger company if possible.'. She wouldn't allow me any names of the Owners, any higher ups, nothing. I didn't argue with her, just said I understood, and she stated she would check back with me next week. I assume she'll be monitoring my Twitter and FB to see if they've changed.
*deep breath* So, that's that! I know I got a bit ahead of myself with the similar fonts and name, but it wasn't done maliciously, it simply seemed like a smart move. I want to correct it and still use as much of what I currently have as I can (mostly for cost's sake) and I want to grow my business.
Any advice? Or even just a 1-10 how badly I messed up without realizing it?
