I run a small landscaping business in Ohio. I've used the name 'GreenLine Landscaping' for about five years. I never federally trademarked it, just an LLC and a domain. I just found out another landscaping company in Indiana registered 'GreenLine Lawn & Landscape' as an LLC about eight months ago. They're not huge, but they have a website and a Facebook page. Do I have any recourse here? What should I actually do?
Trademark
My competitor registered a similar name in another state
State registration and federal trademark are two different things. If they only registered an LLC in Indiana, that doesn't give them nationwide rights to the name. The real question is who used it first in commerce and whether there's a likelihood of confusion. Five years of use is a decent amount of time.
Have you actuually talked to a lawyer? Because this is exactly the kind of thing where generic internet advice could cost you more than a consultation. Not trying to be dismissive, but the answer depends on a lot of details.
I haven't yet. I was hoping to get a sense of whether it's even worth the cost of a consultation. I'm a one-truck operation, so legal fees are a real concern.
A consultation is worth it. I went through something similar and the attorney told me upfron what my options were and what it would likely cost. That saved me from making a dumb decision on my own.
Indiana and Ohio are different states, but if you both advertise online and customers might see both businesses, that can factor in. The internet blurs state lines for this kind of analysis.
Did they know about you when they registered? That's the part that would bother me. If they picked a similar name in a neighboring state, it might not be an accident.
That's hard to prove and probably not worth chasing. Focus on your own rights and what you can protect going forward.
I'm not a lawyer but I've been in business 30 years. The cheapest thing you can do right now is document everything. Screenshots of their site, your own records showing when you started using the name, invoices, ads, anything with your business name and a date.
That's a good point. I have old invoices and some Facebook posts from 2019. I'll start gathering that.
Look into whether you can file for a federal trademark now based on your existing use. You may still be able to establish priority, but the window matters. Also check if your state has any registration process.
One more thing—have you checked whether they've filed anything federally? The USPTO database is free to search. If they filed and you didn't, that changes the picture.
I just searched the USPTO for both names and don't see either one registered. So neither of you has a federal registration right now.
Then it really comes down to common law rights and geography. This is a lawyer question. I know that's not what anyone wants to hear on a forum, but it's true.
Would sending them a letter be a bad idea? Like a cease and desist? I always wonder if that just starts a fight.
Don't send anything yourself. If you're going to make contact, have a lawyer do it. A badly worded letter can hurt you later.
Thanks, everyone. I'm going to call a couple of attorneys this week and ask for a short consultation. I'll bring my documentation. I'll update if I learn anything useful.