Name Stealing for Home Inspectors

[Roger A. Frost]

I am just curious as to why there seems to be so much name stealing going on in our local area. Home Inspectors are using names that are already being used by long time established companies, and in some cases within 20 miles or another inspector and blatantly copying his name. In some cases, Canadian Inspectors are grabbing American names and just sticking a dot. ca behind it, as if that would make it anything less than stealing.

Business is business and everyone is out to make a decent living but I drive a lot to service my clients and it amazes me that when I am in a local town and I see an advertised name for years on posters etc, and then a franchise inspector decides to change his name and blatantly just copies this local guys name and creates a new identify.

Personally I have a number of registered names that I operate under and believe that exposure is the best way to gain business, but my God, can't people think for themselves and create their own identity.

Any way, this is just a "rant" as I always check to see who is listed where in Google, and these people who "steal" from fellow Home Inspectors are beyond despicable.

[Linas Dapkus]

In our state, if you are incorporated, the state will not give the same name to another corporation.

[Bob Elliott]

Name means nothing.
They either refer you personally or find you on the internet.

You can have as many as you like...right Linus.

[Joseph Hagarty, CMI]

there a local NACHI guy here
that took my business name
as his WEB Domain...

he has no clue....

[Bob Elliott]

Originally Posted by jhagarty

there a local NACHI guy here
that took my business name
as his WEB Domain...

he has no clue....

Why did you not buy it yourself Joe?

[Joseph Hagarty, CMI]

Originally Posted by belliott

Why did you not buy it yourself Joe?

I see you have 6 posted...
I only need ONE....

[Jeff Moll]

VERY Odd.

In Ontario ( where we both are ) you are required to do a name search before starting a business. The name registered must be different than any other business in the province with provincial corporations trumping partnerships and sole proprietors. Canada corp's trump Provincial ones. Generally, first guy using the name gets to own it via usage (Trademark law). I "think" the only exception is if your using your legal name in a "professional" capacity.

I wonder if your friendly competitors even have a business registration?

Were it me, if there name is even close to mine, I'd send them a nice cease and desist letter promising legal action...

[Roy D. Cooke, Sr]

Originally Posted by rmoll

VERY Odd.

In Ontario ( where we both are ) you are required to do a name search before starting a business. The name registered must be different than any other business in the province with provincial corporations trumping partnerships and sole proprietors. Canada corp's trump Provincial ones. Generally, first guy using the name gets to own it via usage (Wrong )Please see below (Trademark law). I "think" the only exception is if your using your legal name in a "professional" capacity.

I wonder if your friendly competitors even have a business registration?

Were it me, if there name is even close to mine, I'd send them a nice cease and desist letter promising legal action...

I would talk to a lawyer before I boxed my self and I would never Promise legal action , I would word it differently Like if you do not stop using the same name as I have I could be forced to take further action < further action could be another letter .
Also Please be carefull taking advice from me and Other Homies some times information freely given is worth what you have paid for it ,ZIP.
Thanks .... Roy
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http://www.registerbusinessinontario...istration.html
Trade Name Registration

A trade name is any name under which you do business other than the current legal name on your corporate registration record.
If you would like to use any name other than your corporate name you must register a trade name.
These are some important basic principles:

• There is no limit on the number of trade names, which may be registered by one corporation.
• Trade names are not "protected" from use by other companies through trade name registration. To protect your name you need to register a trademark.
• You must use your corporate name together with the trade name on all contracts and legal documents. (ABC Limited O/A Flowers for You)

Here is what you get once your

[Bob Elliott]

Originally Posted by jhagarty

I see you have 6 posted...
I only need ONE....

Cryptic answer however I suppose you mean your business is mostly referrals.
At only $10 or so a year it is still a good idea to get with the times and buy up your name sake so what happened to you does not occur.
I had the opposite happen to me as my www.chicagolandhomeinspection.com URL was copied as a business name and the guy is just down the street.

[ROBERT V. YOUNG]

Originally Posted by rcooke

[/COLOR]
I would talk to a lawyer before I boxed my self and I would never Promise legal action , I would word it differently Like if you do not stop using the same name as I have I could be forced to take further action < further action could be another letter .
Also Please be carefull taking advice from me and Other Homies some times information freely given is worth what you have paid for it ,ZIP.
Thanks .... Roy
---------------------------------------------------------------------

http://www.registerbusinessinontario...istration.html
Trade Name Registration

A trade name is any name under which you do business other than the current legal name on your corporate registration record.
If you would like to use any name other than your corporate name you must register a trade name.


These are some important basic principles:

• There is no limit on the number of trade names, which may be registered by one corporation.
• Trade names are not "protected" from use by other companies through trade name registration. To protect your name you need to register a trademark.
• You must use your corporate name together with the trade name on all contracts and legal documents. (ABC Limited O/A Flowers for You)

Here is what you get once your

trade name and trade mark.
Here is the place for free name check and information. Takes 3 to 5 business days. http://www.bdc-canada.com/BDC/articl...ks/TM_39_5.htm
At almost 2 grand plus for one trade name and can get expensive.
Same all across Canada except.
PS: differs only in Quebec. Wonder why.

[Joseph Hagarty, CMI]

My business is all referral..
a domain pretending to be me will only be problematic
for anyone using it....

[Wand Raymond]

Is your so called name stealing competition also lowering their prices to match yours?

Do these so called copy cats state who the contact person is on their site or name the principal inspectors?

I really can't believe the number you claim are stealing your trade names are as prevalent as you claim.

Can you site examples?

Also I would be very cautious about using advertising terms that cannot be substantiated "the best", "the largest", "full disclosure", simply advertising claims that are very difficult to prove when challenged in court.