# Business Name being Used



## Tom R (Jun 1, 2004)

I went into one of my local supply yards today to pick up some materials and the salesman (whom I've dealt with forever) punches my business name (T R Construction) into the computer and hesitantly reads off the address (because he didn't think it was right).

Turns out someone else has recently registered an (cash) account in my (long ago registered) business name.

Now, you may wonder why would they allow the same business name twice.

Actually, they didn't.

I've been getting materials there for just over 30 years, - - but the name of my business is 20 years old (registered in '89). I'm still on their computer in my personal name, same way it's been for all these years.

Other local vendors all have me in their computers under my business name. 

The salesman knows me under both names and often forgets I'm in there under my personal name (even though he's actually the same one who put me in there approximately 30 years ago). 

Most of the salesmen, including him, just refer to me as T.R., - - so it's fairly common to make that mistake.

The salesman was pretty shocked himself, - - and upon looking further into the records, - - he said the guy's only been doing transactions for the last month or so, - - and it was all with their newest salesguy.

Anyway, - - I got the guy's address and phone number off him, - - picked up my materials, - - and then drove right to his house.

Work truck (somewhat raggedy) with cap out front loaded with ladders and siding brake, - - no signs or name on truck, no commercial plates.

No answer at door, - - I left my card.

I went back later (about 7:00 tonight), - - and his (wife and daughter??) were on the front porch.

I told her I wanted to talk to the guy working under the name T R Construction, - - she acted a little nervous (I had driven up in my lettered truck) and went in to get him.

She comes back out saying he's asleep rolleyes but why don't I leave a card. I told her I already left one on your front door and one of you obviously must have gotten it.

Told her the name T R Construction has been registered for 20 years and he is not allowed to use it, - - and he has until Wednesday to shut down any and all accounts he has opened with any vendors. (I didn't mention which vendor alerted me).

Anyway, - - she says she'll have him call me, - - and I told her I'd be back either way.

One of the local paint stores had alerted me several days ago there was someone using my business name, also, - - but they were afraid (nervous, whatever) to give out any info on the guy.

Anyway, - - I've got a pretty busy weekend coming, - - but will find time to give him a visit.

Anyone had something like this before, or have any insight to add??



P.S. I should mention, - - I don't accept store credit anywhere, - - I pay for my materials as I get them, - - so it's not like the guy could charge anything in my name.

I only read one of the two local newspapers, - - I'll be checking the other tomorrow to see if he's advertising in the service directory under my name (which I doubt, though, - - he seems completely illegit).


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## BuiltByMAC (Mar 11, 2006)

hey, midnight home improvements would wear a guy out! no wonder he's sleeping at 7! could be how he got his gear.

Hopefully, you'll get this straightened out w/ a minimum of headache... good luck.

Mac


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## Tom R (Jun 1, 2004)

Thanks, Mac, yeah, I don't doubt it, - - oh, and I forgot to mention, - - the house is a two-story, two-family, - - and the names on the front porch mailbox said Gervasio, and Morrisey.

I'm not sure where anyone's getting a 'T R' . . .


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## Celtic (May 23, 2007)

It's possible that that while the names of the 2 companies SOUND the same they do not LOOK the same...ie,
My company name is the same as another's....or so it sounds...however, they are actually written slightly different.
This makes a world of difference...

Tom...are you in NJ?


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## Tom R (Jun 1, 2004)

And Leo thought he had problems with a cross-country stolen picture . . . :laughing:


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## Tom R (Jun 1, 2004)

Celtic said:


> It's possible that that while the names of the 2 companies SOUND the same they do not LOOK the same...ie,
> My company name is the same as another's....or so it sounds...however, they are actually written slightly different.
> This makes a world of difference...
> 
> Tom...are you in NJ?


Yeah, Celt, I'm in Bordentown, right next to Trenton and Hamilton.

He had it in the computer exactly like mine, spaced the same and no periods.

I was given a print out.

T R Construction


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## dkillianjr (Aug 28, 2006)

Good luck Tom, hopefully it works out for ya! I know that would really tick me off too!



Dave


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## Celtic (May 23, 2007)

Tom R said:


> Yeah, Celt, I'm in Bordentown, right next to Trenton and Hamilton.
> 
> He had it in the computer exactly like mine, spaced the same and no periods.
> 
> ...


WHOSE print out?

The suppliers or the State's?

I know that sounds like a silly question BUT....when I was going through the process with the State [for the EC business], the clerk askede that I fill out some forms _again_ - this time _correctly_.....OK, so I did..or so I thought...by the third time the clerk pointed out that "Co." is *NOT* the same as "Company".

TR Construction
T.R. Construction
TR. Contruction
T.R Construction

:blink: four different companies...plenty of opportunity for someone to miss something.


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## Tom R (Jun 1, 2004)

Thanks, Dave, - - yeah, I really don't see it as a real big problem, - - unless he wants to make it one.

I would think he probably just picked a name and was just unaware it was already being used.

Seems a little funny it's exactly the same, though.

Most people I've seen use periods with initials.


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## Tom R (Jun 1, 2004)

Celtic said:


> WHOSE print out?
> 
> The suppliers or the State's?
> 
> ...



The supplier's print out.

I'm going to have to check with state licensing to see similar names.

What the heck's that site again?? NJ Consumer Affairs, I think??


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## Celtic (May 23, 2007)

Tom R said:


> The supplier's print out.
> 
> I'm going to have to check with state licensing to see similar names.
> 
> What the heck's that site again?? NJ Consumer Affairs, I think??


Home Improvement Contracting 

That's the front door for all things HICA related.


Next time you run into these people's front door.....see how they are complying with this:

Display of Registration Number on Commercial Vehicles; Display of Division of Consumer Affairs Toll-Free Number 


There are plenty of items in the Home Improvement Registration Statutes and the Home Improvement Contractor Registration Regulations to pretty much make the guys life a bit more stressful :laughing:


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## Tom R (Jun 1, 2004)

Sheesh!!

I went to this site (to investigate myself), 

http://www.state.nj.us/cgi-bin/consumeraffairs/search/searchentry.pl?searchprofession=1301 

and I'm not even listed??

Funny, - - they know who I am to collect the fee every year. 

I doubt if I'll even bother callin', - - I have my licensing paperwork, - - and wouldn't expect anything less from what I saw as nothing but a cash cow from the start.


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## TxElectrician (May 21, 2008)

Tom,

When I started my business about 20 yrs ago, after having my lawyer do a name search, I incorporated. 4 or 5 years later a business in a neighboring town, after receiving a statement of mine from a vendor, sent me a letter demanding that I change my name, as he had registered the name w/ the state and had been in business longer.

Keep in mind I did not intentionally steal someone's name. Contacted my lawyer to see what to do. Turns out a DBA carried no weight against a corporation. Had I wanted to, I could have demanded he change his company's name or pay me to use it.

Sent him a letter with this info and asked if he still wanted to try and have me change my name. Haven't heard back from him yet!


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## BMAN (Aug 21, 2006)

Had something similar happened to me. He registered a dba with the same begining and a different last word, "contracting" instead of home improvement and its legal. I cant do anything about it.


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## neolitic (Apr 20, 2006)

Tom R said:


> .......Most people I've seen use periods with initials.


My son has always been
called TR, and usually just 
signs it that way.
Not long ago one of his friends,
who has known him @ 10yrs,
said he never realized those
were initials. :laughing:


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## Tom R (Jun 1, 2004)

BMAN said:


> Had something similar happened to me. He registered a dba with the same begining and a different last word, "contracting" instead of home improvement and its legal. I cant do anything about it.



Maybe if we traded enemies we'd both have a decent alibi . . . :laughing:


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## Tom R (Jun 1, 2004)

neolitic said:


> My son has always been
> called TR, and usually just
> signs it that way.
> Not long ago one of his friends,
> ...



_*DAD!!*_ :laughing:


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## rbsremodeling (Nov 12, 2007)

Who would steal a lame name like TR Construction?


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## Tom R (Jun 1, 2004)

rbsremodeling said:


> Who would steal a lame name like TR Construction?



That was my winning strategy for 20 years.

And now this . . .


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## Tiger (Nov 21, 2007)

I have a similar problem with one supplier who does business with someone with a very similar name...Tiger Electric. That's why they verify my name and address.

Maybe you could call the suppliers and tell them they need to change his account name as you're already registered with the state under that name and don't want any confusion. I don't think this is a case of identity theft. When you're working with the alphabet there are only so many names before they get similar.

My BIL has done business for decades under a name which I found out is already incorporated in the state. He's just a dba so he's have to change it even if he's been using the name longer.

It sounds like the guy is too scared to get out of bed to talk with you, so it's probably already taken care of. A letter on your lawyers letterhead can take care of it also with copies to the suppliers.


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