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??
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??