# I'm about to get sued



## Heritage (Mar 20, 2007)

Long story short, trademark infringement.

My company - North Star Construction.
Other guy's - North Star Homes Inc.

US- Open for business 1 yr.
HIS- 20 yrs, 2 time Builder of the Year, well known/respected.

Some info:

-We are a registered company, licensed under this name, name search complete at time of registration.
-We never heard of them until today
-He is a New home builder/developer
-We consult,manage,design/build. We don't do new homes under this company name.
-Our logos look nothing alike
-None of our literature is similar.
-There are a slue of other North Star's in construction related sectors in Toronto.

I found out through my rep at the Builder's association, of which he is a member. He objected to my membership application due to our name. Now he wants to start a suit or force us to change the name.

I called him up, it didn't get me anywhere. He claims he will stop at nothing to stop us. I basically said, I understand his position but now it will come down to whether he has the legal grounds or not. His reply was, "I was hoping reason would prevail, but if you don't change your name I will fully pursue the legal route and I will put a lot of money behind it. It will cost both of us money but I won't back down, that's up to you".

Alright, so now I need your guys' opinions. Can he do it? Will he win? Changing our company name is going to be a huuge hassle.

BTW, he is not TM registered.


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## jarvis design (May 6, 2008)

What about North Star Windows and Doors or North Star Insulation??

I have seen better cases than what this guy appears to have, I'm no lawyer, but I don't think I would worry.


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## The Coastal Craftsman (Jun 29, 2009)

He is going to be pretty hard pressed to get anywhere with that. I guess he dont own the name North star as if he did he would be able to stop anyone from using it. Plus he cant do anything about the last part as it's nothing like yours. This reminds me of the Monster Cable trademark infringement where they tried to get every company with the name monster in their name to stop using it. They never got anywhere. Let him waste his money.


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## rselectric1 (Sep 20, 2009)

I have absolutely no clue about how this works in Canada.

Near Chicago about 15 years ago, there was a hot dog joint called "Wheedies Weenies" (Don't ask-I didn't name it)

Anyway, the makers of "Wheaties" (the cereal) gave this place all kinds of crap because the name was a little similar.

That place is gone now but it definately made the papers. I dont know if it's demise was due to this or other things but they got some great community support out of the deal. Might not be an entirely bad thing for you if you can stomach the BS.


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## shanekw1 (Mar 20, 2008)

Tell him to shove it up his a55. 

I don't think he's got much to go on, you passed the name search when you registered your co.

Ask him if he's talked to GM about their North Star engine series.


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## festerized (May 19, 2007)

Contract contract


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## oldfrt (Oct 10, 2007)

Heritage said:


> Alright, so now I need your guys' opinions. Can he do it? Will he win? Changing our company name is going to be a huuge hassle.
> 
> *BTW, he is not TM registered*.


 

I'd apply for the TM registration for his Co.name(if that's legally possible),since it's not officially taken.

Then see who's in a flurry to have to change his paperwork,not to mention,lost exposure.

Here,as long as the name isn't registered,TM is issued.


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## Kent Whitten (Mar 24, 2006)

I personally would still err on the side of caution. I wouldn't piss him off by making fun or belittling. If he wants to make your life miserable, he can. Even if he is not going to get anywhere, he could still make it a point to make your life miserable. If he has more money than you, he very well could just grab a lawyer and tell him to start making you bleed money just for the fun of it.


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## backhoe1 (Mar 30, 2007)

How far away is he? I personally wouldn't want a name even similar to someone else. Also, if he's well-known why had you not heard of him?


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## festerized (May 19, 2007)

Doesn't sound good


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## The Coastal Craftsman (Jun 29, 2009)

I guess the blokes got nothing better do than things like this. If he is a home builder then he has prob lost money in the last few years and aint got any work on. Every home builder i know is in trouble and have many homes sitting around doing nothing. He's prob just trying to pass time and cause someone else some stress.


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## macatawacab (Jan 1, 2009)

first off, you have not been sued. Just threatened. Do not let this be a big distraction. Even if you get served a notice to appear, there is plenty of time to work on what you have to work on. Just be sure you respond within all deadlines.

If the other guy has money a lawyer will fight anything he wants them to fight. All they care about is if the funding is there. So he can make you miserable and cost you time and money.

If you want to keep your name, quitely go about shoring up your name, like Oldfrt said. Spend a couple of hundred on a one hour appointment with a good atty to see what your options are. ng) 

Another good strategy is to find out who the other guy's attorney is. Make an appointment about anything except your name issue (business problems, advice, anything) and write a check to the attorney for their time. That way there is a conflict of interest and your opponent has to find a new atty.

Remember, if you have never been sued, you haven't done enough business.


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## festerized (May 19, 2007)

Mac you got that from the Supranos


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## macatawacab (Jan 1, 2009)

Now those guys know somethin about business :shifty:


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## festerized (May 19, 2007)

Old school lol


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## Green & Gold (Nov 20, 2009)

The issue is not North Star, it is the similarites in services and the license designations held by each co. North Star Plumbing would be fine, which is why you see other trades called North Star. The court will note (1) the similarities in services/years established/name recognition/territory serviced, and (2) what license each person holds (CA courts anyway). If he is a GC he can't claim individual trades. Not your issue though. You are both GC's (same license designation?) with similar services ( he has years established/name recognition/territory). He would probably win in CA. I don't know your law, but if he happens to have a different licensing classification than you, that is the strongest argument given your facts. Typical stupid caveat:This is not intended to be legal advice. Best of luck.


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## fireguy (Oct 29, 2006)

Change your name to "North Star Construction, not to be confused the Hack, North Star Homes".


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## brooklynite (Nov 12, 2009)

No offense to anyone and I am sure a lot of people will disagree to what I am going to write here: I personally think a business name should be 2 syllables, not more and less or equal to 7 characters. Look at most business names you remember. Do they fall in that category? Dell, Google, Sony, Centex, Pulte, Lennar....

As another person above also noted, you dont want a similar name to someone else to have to explain all day every day, plus you want a unique Googlable name. Make up a new word that you can register for yourself for trademark etc plus something people remember. 

I would spend my money renaming my business instead of paying for a lawyers *new yacht*.


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## jarvis design (May 6, 2008)

Just another thought...

Have you ever pissed this guy off?? Does he have a reason you maybe aren't aware of??

As I mentioned before and a lot of others have mentioned, I don't think this guy has a case, but, that does not mean he can't or won't sue (if he's pissy enough)

A good friend of mine who was in a partnership about 20 years ago left and started up on his own as he was getting screwed. He got sued for $1,000,000.00 After 5 years and (I think) $30K in lawyers bills, he had to give the guy a 12' aluminum fishing boat (with no motor).


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## MBS (Mar 20, 2008)

*Sell him your DBA*

Tell him that if he pays you $3k, you'll gladly change your company name. Otherwise it'll cost him lots more to have his attorney go after you. :shifty:


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## naptown CR (Feb 20, 2009)

Heritage said:


> Long story short, trademark infringement.
> 
> My company - North Star Construction.
> Other guy's - North Star Homes Inc.
> ...


If he has not registered the name as a trademark how is he going to sue you for trademark infringement. talk to a lawyer, let him sue and when he does counter sue for atty,s fees, lost time etc etc.
Do not allow yourself to be bullied.


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## Zinsco (Oct 14, 2009)

So far all we know is a construction worker is threatening a lawsuit. I would not give this more than 2 seconds of thought. If a real lawyer sends a letter, I'd give it some more thought. It's ridiculous to let a construction worker get you spun up.


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## naptown CR (Feb 20, 2009)

Zinsco said:


> So far all we know is a construction worker is threatening a lawsuit. I would not give this more than 2 seconds of thought. If a real lawyer sends a letter, I'd give it some more thought. It's ridiculous to let a construction worker get you spun up.


I believe the letter from the lawyer has occurred


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## KennMacMoragh (Sep 16, 2008)

I wouldn't call him or talk to him, if he writes any letters just consult your attorney. But I have known several companies with the exact same name and never heard of a lawsuit. There's at least one other company with my same name too, but in another state.


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## Zinsco (Oct 14, 2009)

naptown CR said:


> I believe the letter from the lawyer has occurred


I'm curious why you believe this since the OP has made no mention of it.


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## naptown CR (Feb 20, 2009)

Zinsco said:


> I'm curious why you believe this since the OP has made no mention of it.


Perhaps I am confusing this with another thread
My apologies if that is the case


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## 480sparky (Feb 1, 2009)

If you think suing over a name is frivolous:

Check out the Univertisy of Wisconsin suing schools, cities, and business across the country over *a single letter*.

http://findarticles.com/p/articles/mi_qn4179/is_20080511/ai_n25426539/?tag=content;col1

http://irishwalsh.blogspot.com/2006/10/todays-post-is-brought-to-you-by.html


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## smeagol (May 13, 2008)

you were on television


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## DCPP (Nov 22, 2009)

My advice to you, is to atleast sit down with 3 attorneys. It will cost a little bit of money but it will be worth it.

3 attorneys gives you a good idea as to what your looking at. Remember attorneys are nothing more than good bullcrappers. By seeing 3, you get a realistic idea.

If you are served paperwork it becomes serious. DO NOT think you can not respond to a summons. If you feel you are up to it, you can submit a response to the summons yourself, however you will need to contact the court directly and get the guidline booklet, it may cost like $25 but it will tell you the guidelines of how to submit paperwork.

However I STRONGLY like, VERY VERY STRONGLY advise you do not take this route.

Chances are this guy is blowing smoke using his name, reputation and overall size, to bully you into something you dont want to do. Companies do this ALL the time in the United States. They use their shear size to intimidate others with no intention of follow through... If you submit they win.

my advice: consult counsel. We here on the forums can only give general responses, however we, dont know the individual circumstances, laws and regulations for your particular area. An attorney can tell you this.

I have found that high end 'low name' meaning not the full page ad's, generally offer better results.

When/if you have further contact with this person, write down his name, what you talked about, time and date. If E-Mail is sent print it out. save ALL coorespondence(sp). Also, try not to respond to his E-Mail. If you must keep it simple and formal. Say something like;

Dear Bob,

I have reviewed your E-Mail and am forwarding it to my attorney.

Sincerely, 
Your friendly Neighbor

Dont feel obligated to disclose who your attorney is, if you dont have one. He wants to BS, you can BS back if you dont have one on retainer... He may drop the whole thing if he finds out you have an attorney on retainer. But dont make it 'obvious'

This IS a serious issue. Do not take it lightly. While on one hand he could be just blowing smoke, yet on the other, he could be serious. You dont know. Be prepared.

Dont forget, GM owns the North Star name for their engine that requires a $50 specialty socket lol

at the end of the day, talk to an attorney, and be honest. From what you have said, it seems to me like a bluff. but dont get caught with your pants down.


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## J F (Dec 3, 2005)

Heritage said:


> He's holding up my membership into the Builder's Association and *has already had his lawyer send me my first warning (apparently).*


:whistling I think this is what is causing the confusion regarding the other guy's attorney.


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## macatawacab (Jan 1, 2009)

A serious letter is Certified. Regular mail is attorney charging their client a few Benjamins for a muscle flexing letter.

I don't know what an "apparent" warning is??


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## J F (Dec 3, 2005)

I'm guessing he was told a letter was coming, but hadn't received it yet.


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## Heritage (Mar 20, 2007)

J F said:


> I'm guessing he was told a letter was coming, but hadn't received it yet.


Correct :thumbsup:

Now I've had some time to do some research.

Apparently, you don't need to register a trademark to sue for infringement. State registration gives you some strength, Federal registration is the same but becomes a nationwide registration. Here in Canada it's the same, but we call it Provincial and Federal (vs. State and Federal). 

I copied the following from a couple of sites on the net that summarize it quite well:



Rights in trademarks are acquired through the use of the trademark; by using the trademark in a geographic area, one acquires certain rights under common law.

One seller unfairly competes with another seller by adopting and using a trademark that is confusingly similar to the prior adopted and used trademark of the first seller.

The touchstone of any trademark infringement case is the likelihood of confusion—that is, the alleged infringer will be prohibited from using a trademark on a competing product if that use causes a likelihood of confusion in the mind of a relevant purchaser. Courts have set forth a number of factors for determining the likelihood of confusion, such as the closeness of the appearance, sound, and meaning of the conflicting marks; the relatedness of the goods on which the marks are used; the channels of commerce in which the marks are sold; and the sophistication of the relevant purchasers of the goods. Thus, in analyzing any trademark infringement situation, all of these factors as well as other relevant factors not mentioned must be considered.

A trademark owner has several remedies if trademark infringement is found. First, the trademark owner can obtain a permanent injunction prohibiting the infringer from using the infringing mark or any other mark that is confusingly similar to the trademark owner's mark. Second, monetary damages to compensate the trademark owner for the infringement can be awarded. These damages can be increased up to three times if the trademark infringement is deemed to be willful. Third, the court has the discretion to award to the trademark owner its attorney's fees for bringing the action.
Another main area of unfair competition law is trademark dilution. As mentioned, the touchstone of trademark infringement is the likelihood of confusion. However, in some cases the likelihood of confusion is not present, but there is still damage done to a recognized mark by a second seller's unfair use of it. 







Now, he could also sue for "Passing off" and that is explained below:







*Passing off* is a common law tort which can be used to enforce unregistered trademark rights. The tort of *passing off* protects the goodwill of a trader from a misrepresentation that causes damage to goodwill.
The _law_ of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.
*Contents*




1 Passing off and trademark law
2 Elements of Passing Off
3 Extended passing off
4 Reverse passing off
5 See also
6 Notes
 *[edit] Passing off and trademark law*

A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark). Passing off is a form of common law, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings.
Passing off and the law of registered trademarks deal with overlapping factual situations, but deal with them in different ways. Passing off does not confer monopoly rights to any names, marks, get-up or other indicia. It does not recognize them as property in its own right.
Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the business of defendant and that of the claimant. Another example of passing off is where the defendant does something so that the public is misled into thinking the activity is associated with the claimant, and as a result the claimant suffers some damage, under the law of passing off it may be possible for the claimant to initiate action against the defendant.
*[edit] Elements of Passing Off*

There are three elements, often referred to as the Classic Trinity, in the tort which must be fulfilled. (Lord Oliver reduced the guidlines laid out by Lord Fraser in Erwen Warnick B V v J Townend & Sons (Hull) Ltd [1979] AC 731, 742 (HL) [Advocaat] to the three items in Reckitt and Colman Products [1990])
These are:
1) Goodwill owned by a trader
2) Misrepresentation
3) Damage to goodwill
Plaintiffs have the burden of proving goodwill in its goods/services, get-up of goods, brand, mark and/or itself per se.
The Plaintiff also has the burden of proof to show false representation (intentional or otherwise) to the public to have them believe that goods/services of Defendant are that of the Plaintiff; thus, there must be some connection between Plaintiff’s and Defendant’s goods/services/trade. They must show likelihood and/or actual deception/confusion in the public. Deception/confusion, however, does not consider a ‘moron in a hurry’. (See Morning Star Cooperative Society v Express Newspapers Limited [1979] and Newsweek Inc. v. British Broadcasting Corp., [1979] R.P.C. 441 by Lord Denning.) It is the Court's duty to decide similarity/identity of the marks/goods/services the criterion of which often fall under three elements: aural, visual and conceptual similarity (often applied in trade marks infringement cases).
In relation to the element of damage to goodwill, there may be loss/diversion of trade or dilution of goodwill. The Plaintiff need not prove actual or special damage; real and tangible probability of damage is sufficient. This damage should however be reasonably foreseeable. It is insufficient to simply show likelihood/actual deception and/or confusion.
Ultimately, the Court must use common sense in determining the case, based on evidence and judicial discretion, and not witnesses.
It should be noted that disclaimers may be insufficient to avoid passing-off or cause of action (See Asprey and Garrard v. WRA (Guns) Ltd [2002] FSR 30.) However, this was expressed in the dicta of the decision.






Apparently, very very few infringement cases ever make it to trial. Most "infringers" are scared away after the first warning.


Most big companys "flex" their muscle and most people back off, in the face of expensive and time consuming defence. This is legal bullying.


If he is serious, I think he has an uphill battle ahead of him. His weakest arguments lie in the fact that "North Star" is very generic. The "consumers" in our industry are very sophisticated shoppers and thoroughly investigate our services before ever hiring (vs. Imagine purchasing a can of Coke). They are far less likely to be deceived. Then comes the dissimilarities in our services and demographic markets, the fact that our companies have different physical presence in advertising, and the fact that he has not incurred any damage from our existence.


Now I did some investigation into the other company, North Star Corporation (the guy he let get away - as he puts it that I mentioned earlier)...I was wrong, he is not a PM/Design/Build company BUT a BUILDER/DEVELOPER Just like him :w00t:. ALSO a part of the same builder's association.


Wondered what happened there because they have been around for 11 years...8 years after him.


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## dgswfla (Oct 20, 2009)

*Get advise*

Totally a question for your attorney. Anyone that thinks they can predict the outcome of a court room has never been in one.


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## Astrix (Feb 23, 2009)

I just want to remind you to try your insurance first as per my earlier post. If they accept your claim as a covered peril then all the legal costs will be covered and it won't cost you a cent. The deductible applies to any court award only. The insurance company will hook you up with one of their lawyers who will be specialized in the type of claim you are presenting.

(Just trying to save you some money.) :thumbsup:


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## Kenny K (Feb 9, 2008)

yep, the legal bills can run up very fast, meter is always on been there done that. consult local alderman chamber of commerce, etc.


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## Astrix (Feb 23, 2009)

That's for sure, Kenny K.

Another item I should mention is that most insurance policy limits refer to the actual damage or the actual court awards only. Legal expenses and claims adjusting expenses are separate and there are no limits.

So, if you have a $1,000,000 Commercial General Liability policy, you can easily have $500,000 in lawyer's fees and it's "no worries" as Crocodile Dundee would say. The insurance company pays all that, then, if you lose the case in court or if it is decided to settle out of court, you still have access to the full $1,000,000 to pay for that award.

Check your policy though or ask your broker/agent. Unfortunately, some policies will read that the limit includes expenses. 

(You get what you pay for. If you insurance is cheaper than the next guy's and you both have $1,000,000 limits, then it could be because of this. Sneaky brokers - damn.)


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## R.G. Barnes Co. (Dec 2, 2009)

Hey friend don't get to worried about that threat. Even if he had his name trademarked, he would have to prove that, by you having your name caused him to lose income. The proof is his burdin, not yours. I have an MBA and it does not qualify me for legal advice, but i have had issues with trademarks and copyrights. 
Unless he has a magical lawyer with Merlin like talents, he aint got a chance. My advice, call a lawyer. Even go by and get the lawyers card. When the turd threatens you again, give him the lawyers card. 

Oh yea, one more thing that will help you feel better. Draw you'r leg as far back as possable and deliver a well placed kick to the marble area of the trud. As he falls to the ground and the sounds of anguish and pain fill the room, you will feel so much better. 

Good luck, but he hasn't a case.


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## timmyjohn03 (Aug 9, 2008)

Really the main problem facing this whole thing is why did the name search pass to begin with? I want to be on your side, but the registration should never been allowed in my opinion. The Brick had a battle with a small business in Winnipeg registered for many years. The little guy won, but at what expense. To be fair, you should pay for legal advise, and never mind what I think, because in the end the law will stand. I wish you well.


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## timmyjohn03 (Aug 9, 2008)

*Time*

Sometimes a complainer just needs to find another leg to gnaw on, then all is well again.


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## Markinthegarden (Nov 27, 2009)

Heritage said:


> Correct :thumbsup:
> 
> Now I've had some time to do some research.
> 
> ...



Heritage, as most have suggested talk to a lawyer. I think that your lawyer will tell you that you can let him pursue this at his own risk. 
There is no trademark to infringe upon, No passing off because you have not built any houses that could be passed off as his.

Talk to your lawyer about a passive strategy; Let the other guy file his expensive actions, while you respond and wait. A low cost passive approach by your lawyer could force him into an expensive attack or just go home. So if he does attack and does win, all he can win is to force you to get a new name.

No need to wonder what happened with the other north star company "the guy who got away", give them a call and find out. I think here you will find that this guy is just trying to be the bully and he is not getting any help from the judges.

Someone else here mentioned the great idea of calling your alderman, Department of commerce, or your Canadian equivalent. Also talk to business people and anyone with experience in civil law.

Appeal to the trade association that has denied your application. Until a judge says otherwise, that is your trade name and they cannot deny you!
Find help within the association, they have by laws that must be followed, and will not be too difficult to get to the bottom of who gets in and who does not and why.

We contractors feel your pain, but your info and assistance will have to come from the local community. I loved business law in college, but I am no lawyer, so see one of those, and keep us posted as this issue develops.

Best Luck to you Heritage!

In my area North Star is a company that makes ice cream bars.


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## Heritage (Mar 20, 2007)

Great feedback once again.

Update.

His lawyer sent me the "warning" letter last week.

2 days later I got accepted into the builder's association.

The builder's association faxed me a copy of a letter they sent to this guy, basically outlining their position as :

-North Star Construction is a registered company operating under the requirements of the law

-North Star Construction meets our eligibility requirements of membership

-North Star Construction will be accepted as a member.

-Until we have a judge's order, we will respect their rights.



So this pissed the guy off even more, and he made a phone call to the association's President. The Pres. called me today. He reiterated their position to the guy, explained the reasons why but promised him that he would call me. 

So he called me. 

-"I don't want to tell you what to do...avoid expensive legal costs...Frank is very upset...maybe you should change your name...nobody wants this"

Me.

-"I appreciate you calling...here's my position"

I think by the end of the conversation he warmed up to my position. I told him I haven't decided what to do yet:

-Fight back
-Offer that he pay me and I'll change the name
-Bend 

The way I got it figured so far, thanks to your collective feedback and some research...he has a weak case if any at all. I don't know how serious he is just yet. I'll wait until his lawyers serve me with something beyond a "warning" and see a lawyer. I'm leaning towards the "passive defense" like the previous poster mentioned (thanks). If he is serious I'll offer up some concessions (Legal disclaimer on the website, contracts, literature, etc.). I'll bump it up to "pay me and I'll change" if it goes further.

I figure if this does go all the way to trial, at least I'll have a track record of attempting to reconcile so he doesn't try to sue me for legal fees if he wins (I don't know if that will hold water...haven't talked to a lawyer yet). 

I'll let you guys know when I lose my house :thumbup::laughing::shifty::shutup::sad:


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## coveinspiration (Jul 6, 2009)

I don't think you have anything to worry about. If you did a name search at the local small business centre when you started and they approved your name request you should be fine. Pay a few bucks and see a small business lawyer about it. 

Colin
www.covefinishings.com


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## Heritage (Mar 20, 2007)

Update.

Today I received a letter from the guy's attorney. He hired the biggest Business Law firm in Toronto, with several previous Prime Ministers/Politicians on staff :sad:.

I've been given a deadline of Feb. 03 to cease and desist or the matter will be taken up in Federal Court.

Astrix, I took your advice and contacted my broker. I have a $5,000,000 "Advertising Injury" limit. They told me over the phone that I won't be covered...just like you said. I insisted and faxed a copy of the Lawyer's letter to the broker, who will forward it to my Insurance company. I am awaiting word back from them as to whether they will defend this lawsuit.


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## Rio (Oct 13, 2009)

Heritage wrote:
"I figure if this does go all the way to trial, at least I'll have a track record of attempting to reconcile so he doesn't try to sue me for legal fees if he wins (I don't know if that will hold water...haven't talked to a lawyer yet)."

_If I have a plumbing problem, I talk with a plumber, if I have a framing problem I talk with a carpenter ( engineer depending on the problem), if I have a space planning problem, I talk with an architect, and if I ever have a legal issue I'd be talking with a lawyer _.........................


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## Winchester (Jun 29, 2008)

I said it earlier and I'll say it again, I would really be serious about reconciling. If he pays your fees and expenses to change the name and rebrand, then do it. Tell him it would probably be easier and cheaper than the legal fees.

if he's incorporated and you are not I really don't see you winning anything here. But I guess that's just me.

Have you talked to someone who actually knows the laws in your province related to this or just a bunch of guys on the internet?


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## Heritage (Mar 20, 2007)

R.I.P. North Star Construction.

It's dead.

The thought process was, wait until he gets serious beyond the initial "warning letter". So, 2 days ago I got the 2nd letter with a Feb. 3 deadline. Decided to call the insurance company, if they cover me then they will provide the legal representation...no point in me seeing a lawyer on my own.

Insurance company called me back today with their verdict. They are obligated to defend me but they also have the right to settle on my behalf. In this case, they would opt to settle (the other guy's lawyers are top notch, he has the legal upper hand).

The Ins. Company's definition of settlement in this case is...change your legal name, you have a deadline, do it within that time. 

So...it's dead, I can't fight this thing on my own, he won't settle or accept any offers.

Yet another loss for the little guy :thumbsup:

And we keep on rollin'...


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## SLSTech (Sep 13, 2008)

Hello -- Polar Star Construction, Top Notch Construction Services or Heritage Construction Services?

Sorry to hear about this


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## katoman (Apr 26, 2009)

Heritage - is your insurance company going to cover your costs to switch over to a new name?

Personally, I like Heritage Construction Limited. 

Or - South Star Construction :laughing:


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## nailkiller1 (Jan 15, 2009)

North star builders has a nice ring to it


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## custrel (Jun 30, 2009)

I hate to give in to d-holes too, but maybe this is an opportunity for you to change to a name that is more unique.

Apparently there are a lot of North Star this and North Star that. If you are only a year old, maybe it is a good time to re-evaluate your brand and think of something more personal or original than North Star.


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## AustinDB (Sep 11, 2006)

you've got to know when to hold em, know when to fold 'em, know when to walk away and know when to run. Luke coudn't pick up the X-wing with his young jedi mind, but Yoda showed him how it was done....get up, rebrand and prosper!

BTW, Heritage Builders / Building / Home Improvements has a nice ring.


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## Heritage (Mar 20, 2007)

If I didn't value your collective insight, I would have never posted. You guys are priceless :thumbsup:

Katoman- No, they don't cover rebranding...that's first person liability or something I'm not covered for.

What doesn't kill you makes you stronger, Know when to fold 'em...all that good stuff...still, I would love to give this guy a swift kick upside his head :laughing:

Fuggit, I lost to the bigger guy...it's a food chainish, evolutionary survival of the fit-like thing...so long as I can eat the smaller fish I guess I'm doing alright...better start looking for tadpoles :laughing:


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## katoman (Apr 26, 2009)

Heritage - I've got a feeling you'll be just fine. Let us know your new company name when you choose one.:thumbsup:


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## clinkard (Feb 23, 2009)

Heritage,
I will come and help you out with some carpentry skills like you have never seen before! 
Hope you get back on your feet.
All the best.


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