Another Company is Using my Name!!!

jokerswild

Chief Bottle Washer
Staff member
Feb 11, 2007
1,271
Elkhart, IN
www.totalimpactdjs.com
I was just doing a web search for my company name I ran across a Facebook page opened using my company name.... found here https://www.facebook.com/totalimpactdj

and mine is here https://www.facebook.com/totalimpactdjs

I've been open since 2005 under this name and hold a dba and LLC in this name... according to his he's been open since 2009.

What should or can I do.... his site looks like **** quite frankly...
 

ahoustondj

DJ Extraordinaire
Aug 13, 2007
3,464
Texas
I was just doing a web search for my company name I ran across a Facebook page opened using my company name.... found here https://www.facebook.com/totalimpactdj

and mine is here https://www.facebook.com/totalimpactdjs

I've been open since 2005 under this name and hold a dba and LLC in this name... according to his he's been open since 2009.

What should or can I do.... his site looks like **** quite frankly...
Is your DBA only in your County? You can have a DBA for County, State or National. If the other guy has one that supersedes yours then that may be a bit sticky. You will need to see a lawyer.
 
Reactions: 2 people

jokerswild

Chief Bottle Washer
Staff member
Feb 11, 2007
1,271
Elkhart, IN
www.totalimpactdjs.com
Is your DBA only in your County? You can have a DBA for County, State or National. If the other guy has one that supersedes yours then that may be a bit sticky. You will need to see a lawyer.
I not only have this as a DBA but also have had this as my legal name as an LLC since 2005

Why worry about it ... totally different state.
You want to know how I found him? I was doing a web search for Total Impact DJ Service and his facebook page came up right below mine.... unsuspecting potential clients might click on his FB page and mistake it for mine thus causeing confusion and possible lost revenue. That's why.

- - - Updated - - -

Besides that did you look at that FB page..... no way I want my company associated with ​THAT....
 

ahoustondj

DJ Extraordinaire
Aug 13, 2007
3,464
Texas
Get a National DBA or Incorporate. Then you will have priority and he will have to find another name when his expires.
 
Reactions: 1 person

DJ J Mac

Bork Bork Bork!
Mar 24, 2008
1,216
West Lafayette, IN
Quick questions Rob. What year did you do the dba and was it only your county? Along with that, what year did you do the LLC?
 

jokerswild

Chief Bottle Washer
Staff member
Feb 11, 2007
1,271
Elkhart, IN
www.totalimpactdjs.com
Quick questions Rob. What year did you do the dba and was it only your county? Along with that, what year did you do the LLC?
Both were done within a year of each other.... I did the D.B.A. with my county in 2005, which is all that is required, and then I incorporated in early 2006 to an LLC of the same name. According to what I've read there is not a National D.B.A. listing but, a D.B.A. is only needed if operating a Sole Proprietor or LLC of a different name.... for example: Da Best DJ, LLC would need a dba if doing business as Total Impact DJ Service....

In my case however my LLC is Total Impact DJ Service, LLC so therefor I don't need a DBA but, I do have one.
 

ahoustondj

DJ Extraordinaire
Aug 13, 2007
3,464
Texas
Both were done within a year of each other.... I did the D.B.A. with my county in 2005, which is all that is required, and then I incorporated in early 2006 to an LLC of the same name. According to what I've read there is not a National D.B.A. listing but, a D.B.A. is only needed if operating a Sole Proprietor or LLC of a different name.... for example: Da Best DJ, LLC would need a dba if doing business as Total Impact DJ Service....

In my case however my LLC is Total Impact DJ Service, LLC so therefor I don't need a DBA but, I do have one.
GO see a Lawyer. Your State, County etc differs from mine. A business attorney can aid you. You may have to Trademark the Name.
 
Reactions: 1 person

Audio One

Keepin' it Real !
Jun 15, 2010
1,060
45
Knoxville, TN
Rob, I wouldn't worry about, he is almost 500 miles away. But if it really bothers you, have your attorney send him a "stop and desist" letter.
 
Reactions: 2 people

ahoustondj

DJ Extraordinaire
Aug 13, 2007
3,464
Texas
Last edited:
Reactions: 2 people

rickryan.com

DJ Extraordinaire
Dec 9, 2009
11,507
54
Hendersonville, TN
www.RickRyan.com
Rob, you may be playing with fire. As Canute said, trademarks can be regional, state, national or international. You'd also likely have to prove that his use of the name is causing you harm, which is highly, highly doubtful. Before you contact this guy, you better make certain of your ownership status and whether he's violating it. If you find out the hard way that he has precedence, he could force you to change your name. I went through this a number of years back with another company in another state. That dude contacted me, demanding I change. After finding out that my company had been around longer than his I gave him two choices; drop it or I'd make him change his name. I never heard from him again.
 
Reactions: 1 person

Jeff Romard

Moderator
Staff member
Sep 4, 2006
11,828
48
Sydney, Nova Scotia
I don't know US laws but up here in the wilds of NS if you have a DBA you are good for the province but outside of that you would need a trademark to enforce someone using the same name..
 
Reactions: 3 people

Randy A

Party Time Hobbyist
I think you're worrying too much ... the overlap for anyone wanting either of you is minimal at best. I think a person is smart enough to figure out which one they would need to contact if looking for a dj in their area. Let it go and get back to redesigning your site. ;)
 
Reactions: 3 people

Ausumm

Day Late and a Dollar Short
Oct 21, 2008
9,936
55
Bethlehem PA
www.mikefoxx.com
Canute is right, you should contact a lawyer.
But not to pursue the other company...do it to find out EXACTLY what you have rights to.
With that said, I also agree you should let it go.
If not one of your clients has EVER told you that they had a hard time finding you you
because of this "other" company (in another state)...
I'd say YOU are the only one who is having an issue with it.
 

DjDennis

RIP- My Dad (2011), Sister (2013) and Mum (2017)
K

Kirby Ball

Guest
I'd be more worried about the guy that's running that restaurant/"cafe" under your business name on Facebook. ;)