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  1. #1
    Join Date
    Mar 2009
    Location
    columbus,ohio,USA
    Posts
    518

    Default Same business name, next state over

    So, I wanted to see what was up with my outdated Facebook page, I googled it as opposed to going through facebook, and found out there is another "Cree's Bees". Their fb is much more active than mine, because I don't have time. Has anyone had an issue with this kind of thing? Should I be at all worried?
    Chris Cree
    Cree's Bees

  2. #2
    Join Date
    Apr 2014
    Location
    Centerville Indiana
    Posts
    67

    Default Re: Same business name, next state over

    Chris,

    I am not sure how to say this as I do not want to sound rude.... Let me start by saying I am a pro photographer and have been for 20 plus years. Then comes digital and facebook and so does the facebook photogs. They exist only on FB, and are flying under the radar tax wise / are illegal businesses. Looking at your FB page until about an hour ago you had not posted since last fall, meanwhile the one in Indiana, posts all the time. If you look back on their FB page you see they bought $50,000.00 in bees at some point. Making me believe they are a full blown business. Reading your profile, it sounds like you are a hobbyist. Even if you were a full blown business since they are out of state, not sure there is much you could do. I would suggest if you want a FB page for your hobby, either leave it or change it slightly. Years back I had a name for my studio that existed in every state at least once. I would not be worried, that's for sure and if you think down the road you might become full time then pick a name NOW that is different before you get more than the 30 some likes that you have now. FYI, The IRS is busting / finding more illegal businesses via FB than ever before. I strongly suggest people don't put up FB pages like businesses if they are not, that would be with any type of hobby.

    Jerry

  3. #3
    Join Date
    Apr 2014
    Location
    Centerville Indiana
    Posts
    67

    Default Re: Same business name, next state over

    Chris,

    I correct myself, in looking at the Indiana one, the $50k in bees is from a link of another bee / honey farm. Since the one in Indiana does not have a website, I have to wonder if they are flying under the radar. The only reason I say that is in the photography world when people only exist on FB that's a red flag, then when they want checks made out to their personal name and not a DBA, that's also another flag... I do not want to down the other Cree's Bees as they may have all Ts crossed and Is dotted... Again... I would not loose sleep over it ...
    Jerry

  4. #4
    Join Date
    Nov 2013
    Location
    richland center, wisconsin USA
    Posts
    309

    Default Re: Same business name, next state over

    Register that name.. trademark copywright... what ever it takes to get your business license paperwork in order... IF push comes to shove you wont be the one getting the cease and desist letter
    "Anytime you see someone more successful than you are, they are doing something you aren't."

  5. #5
    Join Date
    Dec 2005
    Location
    Brasher Falls, NY, USA
    Posts
    28,099

    Default Re: Same business name, next state over

    There are better things to worry about. Like paying back school loans.
    Mark Berninghausen
    Squeak Creek Apiaries



  6. #6
    Join Date
    May 2012
    Location
    Knox, Pa. USA
    Posts
    1,272

    Default Re: Same business name, next state over

    Trust me Registering a trademark is not all it is cracked up to be. It cost in excess of $400.00 if you do it all yourself. It takes a year sometimes more to get everything done, There are timelines you have to meet or your request will be denied. Once granted the trademark is only as good as your wallet is deep enough to defend it.
    Any individual who contacts an attorney saying they received a cease and desist letter is told to fight it as the attorney wants paid for his time. Winning a infringement case is only recoverable if the individual or organization infringing upon your trademark has ample assets to recover damages and cost from.

    It is Best to always choose a business name that includes your Name. It cannot be trademarked. Even by someone with the same name. It identifies you as the owner of the business IE: Sam Smiths Beekeeping Supply and Bee farm, That is personal. Add, Of Columbus Ohio. makes it more so. (Like Mark Said)

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