Discussion:
I own a north carolina Corporation that does chemical lawn care. I incorporated in 1998 and recently recieved a leter form a company in texas that does the same thing. My name is Growingreen and has some grass in the logo. theirs is Grogreen and also has grass but totally different. They claim we are infringeing because they registered their trademark in 2003 and we did not. They only work in texas and us in nc. We are both small companies and I feel this is a stupid waste of time and money to deal with but they have now sent two cease and disist letters and we have reponded to say no. I have not been able to sit down with my attorney about this but in what research I have done I dont feel thy have a strong case. They want fees and damages but i understand this is rare unless in the case of fraud. I feel even if they were to win we can claim goodwill and continue to use in our area? This is going to cost to fight or give in and change our name after 6 years. any help and opinions would be great. Is there a way to end this without spending alot of money in the courts?
Answer:
I own a north carolina Corporation that does chemical lawn care. I incorporated in 1998 and recently recieved a leter form a company in texas that does the same thing. My name is Growingreen and has some grass in the logo. theirs is Grogreen and also has grass but totally different. They claim we are infringeing because they registered their trademark in 2003 and we did not. They only work in texas and us in nc. We are both small companies and I feel this is a stupid waste of time and money to deal with but they have now sent two cease and disist letters and we have reponded to say no. I have not been able to sit down with my attorney about this but in what research I have done I dont feel thy have a strong case. They want fees and damages but i understand this is rare unless in the case of fraud. I feel even if they were to win we can claim goodwill and continue to use in our area? This is going to cost to fight or give in and change our name after 6 years. any help and opinions would be great. Is there a way to end this without spending alot of money in the courts? **A: post the logos here so we can see them.
Answer:
cannot get their to copy but it is viewed at
mine is
Answer:
I think their big beef is the name because every lawn care company in america has grass in their logo.