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Lawyer advice

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MolGenBuckeye;2266536; said:
IP Law question for you legal types...

My wife owns a small business that does business throughout Ohio and occasionally in other states. Recently, another company began advertising using the exact same company name with "of <city name in Ohio>" tacked on the end. She has done business in the city they are based in, and feels (rightfully, in my IMO) that they are confusing consumers by using her company name.

I've contacted the owner on her behalf, who has admitted it was not oversight, and that he knew of her company. He felt that it was a distinguishable business name because of the city name, and claimed to have spoken with a lawyer who agreed with this. The Ohio Secretary of State's office agrees that it is distinguishable according to their rules, but said it could potentially be a civil matter.

So, my questions:
1. Is he in the wrong? I have to think so, because I can't imagine that I could start "Microsoft of Columbus" and get away with it.
2. She's less worried about damages than just getting him to stop using her company name. If he is indeed in the wrong, what kind of legal fees would we be looking at to accomplish this?

Thanks!
Click to expand...

My company does the valuation of damages for cases like this all of the time. You would absolutely have a case for this.
 
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MolGenBuckeye;2266536; said:
IP Law question for you legal types...

My wife owns a small business that does business throughout Ohio and occasionally in other states. Recently, another company began advertising using the exact same company name with "of <city name in Ohio>" tacked on the end. She has done business in the city they are based in, and feels (rightfully, in my IMO) that they are confusing consumers by using her company name.

I've contacted the owner on her behalf, who has admitted it was not oversight, and that he knew of her company. He felt that it was a distinguishable business name because of the city name, and claimed to have spoken with a lawyer who agreed with this. The Ohio Secretary of State's office agrees that it is distinguishable according to their rules, but said it could potentially be a civil matter.

So, my questions:
1. Is he in the wrong? I have to think so, because I can't imagine that I could start "Microsoft of Columbus" and get away with it.
2. She's less worried about damages than just getting him to stop using her company name. If he is indeed in the wrong, what kind of legal fees would we be looking at to accomplish this?

Thanks!
Click to expand...
Did your wife register the fictitious name with the Ohio Secretary of State? If so, I'd think her action would be pretty simple; just forward her registration info to this other bunch with a cease-and-desist letter.
 
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MaxBuck;2266752; said:
Did your wife register the fictitious name with the Ohio Secretary of State? If so, I'd think her action would be pretty simple; just forward her registration info to this other bunch with a cease-and-desist letter.
Click to expand...

Yes, the name has been registered with the secretary of state since 2009, and he registered his with them this January. Unfortunately, the state has very lenient rules on this, and said they can't be of help.

His defenses in the response he sent me:
1. The state doesn't care, so it's okay.
2. We are in different markets. (Not true, they do overlap.)
3. We provide different services. (Not true at all, from what I can tell.)

It's not the first time we've dealt with this, but at least the other guy who took her name last year was ignorant of the fact that you could register business names, apologized, and took his stuff down immediately. This guy seems like he's going to put up a fight. He basically said "It's no big deal, let's just coexist". Well sure, it's no big deal to you. :roll1:
 
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MolGenBuckeye;2266881; said:
Yes, the name has been registered with the secretary of state since 2009, and he registered his with them this January. Unfortunately, the state has very lenient rules on this, and said they can't be of help.
Click to expand...
This is a clear failure on the part of our Secretary of State, Jon Husted, who frankly is a bit of a disappointment to this Republican. Jennifer Brunner, whose politics I do not endorse, was nonetheless the best SoS we've had recently from a small-businessman's perspective. The process of starting a new LLC was measurably enhanced by Brunner, and I don't see any further improvement under Husted. Sounds like he's uncooperative on protecting the intellectual property of small business, hardly a recipe for improving the state's business climate.

If you're getting the runaround from Husted's office, I suggest you consider contacting JobsOhio and letting them know of this failure to protect the small business interests.
 
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Do I have to bend over and take it?

Guys I'm not sure what to do here. On Weds I asked my son to clear out some branches and dead weeds that had overlapped into the driveway from the alley while I went to get some mulch from Lowes. When I returned I found out four police cars had been called out to the neighborhood because of my son. We live just a couple doors down from a middle school and I guess some kids caught a glimpse of him hacking away with a machete while wearing a mask that bikers use to keep from getting cold while riding. Well the principal from said school called him over to ask him questions before the police arrived. When they did arrive they told him that my son had done nothing illegal, made no threatening gestures, and was on public property. About 20 minutes after I got home I received a call from his HS, well over 5 miles from our house, explaining to me that he'd been suspended for 5 days. I was given the name and number of a lady who I was told was the one that recommended the suspension even though she wasn't even on either campus.

On Thursday the police officer on the scene came by to just make sure I knew what happened. He was thoroughly confused as to why my son had been suspended. I made multiple calls to "the lady", and the school corporation in general to see if this could be resolved. The only call I received was from the assistant principal around 12:30pm who said "Hello, may I speak to(my son)?" I told her that I wouldn't let anyone speak to him until someone could tell me what it was that he was suspended for. Again she referred to this lady at the school district. I received zero call backs to my inquiries..1 day suspension served.

Today I waited until 10 AM to try and get a hold of someone thinking surely someone would call me. I was wrong. While on the phone today with another secretary to someone that still hasn't called me back I heard a knock on the door. It was a police officer here to serve my son a trespassing notice from the school a couple doors down. So now my son has his name in the system. He has never been in trouble with either the police or school before.

I finally received a call from the HS principal about a half hour ago who promptly asked if we could meet like two responsible adults on Saturday to see if we could get my son back in school. I haven't wanted to lay into someone so bad in a very long time. I resisted the urge to just go off on him for being a condescending prick but I did inform him that he was the first person to call me in 48 hours that was supposed to explain the reason my son had been suspended. I also explained to him that me being annoyed by an unreasonable decision made by uninformed adults doesn't affect my ability to be reasonable. I then asked him to explain to me why my son had been suspended and he said he has an email from "that lady"and he'd like to talk to me Man to Man about it tomorrow. Now I'll admit..I got pissed at that one. I just said, "I'll see you at 10AM". Day 2 suspension served.

Should I seek a layer? If so what kind?

TIA.

HF
 
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That sucks HF. I can't answer any of your questions, but I definitely suggest having someone with you to make sure that you're not the only party there. Additionally, you should request any and all documentation regarding your son, because (unless I'm mistaken) your son cannot be suspended for undocumented reasons. Ask for the entire paper trail.
 
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muffler dragon said:
That sucks HF. I can't answer any of your questions, but I definitely suggest having someone with you to make sure that you're not the only party there. Additionally, you should request any and all documentation regarding your son, because (unless I'm mistaken) your son cannot be suspended for undocumented reasons. Ask for the entire paper trail.
Click to expand...

First..Thanks muff dragon. As I understand it he not only has to be presented with the grounds for being suspended in writing, but also is supposed to be given an opportunity to state his case as to why he suspension should be invalid before the suspension can go into effect. Also as I understand it the only time these two things do not need to happen is if a child is found with a gun on school grounds. Neither of which applies here.
 
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I am not an attorney, but it sounds to me like the principal is aware that he has overstepped the line and his objective is to get you to sign something for readmission, which would absolve him of wrongdoing. He would like you to avoid seeking legal advice.

My view is that you hold all the cards but make sure that your son is telling you everything that happened in his exchanges with the middle school principal. Teens have the capacity to say and do things that later come back to bite us!

First, I would meet with the principal with a witness and record the meeting, if acceptable. Being firm but courteous and respectful, I would clearly state that I am there to inform him in writing of your position on the matter, which has been shared with the School Board via electronic submission within a few minutes of the meeting beginning. I would clearly state that the meeting is being held without prejudice to any of your son's rights:
  1. My son was acting in our family's interest to clear weeds from public property adjacent to my property with a weed hacking tool for long weeds (not a machete). As these weeds contribute to the pollen count, his actions also were in the public interest.
  2. My son was not working in close proximity to the middle school and his actions did not constitute a threat to anyone there.
    1. The middle school principal had no right to interfere in his activities or call him over.
    2. Further, records at the police department will confirm that officers told all concerned parties that my son was not guilty of any wrongdoing at the time.
  3. My son denies any wrongdoing in the events that took place, which are in any case not relevant to your son's relationship to the school.
  4. My son has been denied due process, including a failure to make available to him the documents related to the suspension, an exact account of what he is supposed to have done that merits disciplinary action, or worse, suspension, or a chance to present his account of relevant events.
  5. The foregoing constitutes a serious violation of his rights.
    1. My son has suffered material damages, which include in part denial of access to education.
    2. He fully reserves his right to seek redress against the high school, the middle school, and both principals in their private capacities, as their actions clearly constitute abuse of their powers as school principals.
    3. He is willing to consider foregoing the pursuit of any and all legal avenues open to him provided that certain demands were met.
These demands would include:
  1. Immediate reinstatement, and within 24 hours,
  2. A written apology from the principal on behalf of the school and in his personal capacity. The written apology should:
    1. Briefly summarize the events of the day and clearly state that my son had done nothing wrong and certainly nothing to merit disciplinary action by the school,
    2. Make clear that the matter would be set straight in his school records, which would permanently include the note of apology,
    3. Set out arrangements for special tuition to help my son catch up on all work missed,
    4. Outline arrangements for the broadcasting of a notice within the school so that all teachers and students were clear that he had done nothing meriting disciplinary action, in a way that would not cause undue embarrassment to school officials, and
    5. Provide an undertaking that neither they nor anyone else would disadvantage my son in the future.
Second, if he would fail to agree with any of the demands.
  1. I would restate his position clearly, so that we are both clear what he has said.
  2. Then, taking care to avoid any suggestion of extortion, I would mention that you realize that he may wish to change his mind after consulting with the School Board and repeat that he has 24 hours to meet your demands,
  3. Respectfully and calmly close the meeting, providing him with a copy of a pre-written letter noting that the meeting took place and that he is not willing to meet your demands.
  4. Notify him that a copy of the "failure to reach agreement" letter would be
    1. Sent to the School Board immediately and, if your demands were not met,
    2. You would be sharing both letters and additional materials with named TV stations and newspapers, with the goal of protecting other children from the abuse of their rights.
I had a similar situation unfold in California in the past concerning my children. I gave the gentleman involved 24 hours to unfold a series of events that were dramatically unfair and demonstrated such arrogant disregard for my rights. It was amazing how fast things got sorted out following this approach.
 
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Steve19 said:
I am not an attorney, but it sounds to me like the principal is aware that he has overstepped the line and his objective is to get you to sign something for readmission, which would absolve him of wrongdoing. He would like you to avoid seeking legal advice.

My view is that you hold all the cards but make sure that your son is telling you everything that happened in his exchanges with the middle school principal. Teens have the capacity to say and do things that later come back to bite us!

First, I would meet with the principal with a witness and record the meeting, if acceptable. Being firm but courteous and respectful, I would clearly state that I am there to inform him in writing of your position on the matter, which has been shared with the School Board via electronic submission within a few minutes of the meeting beginning. I would clearly state that the meeting is being held without prejudice to any of your son's rights:
  1. My son was acting in our family's interest to clear weeds from public property adjacent to my property with a weed hacking tool for long weeds (not a machete). As these weeds contribute to the pollen count, his actions also were in the public interest.
  2. My son was not working in close proximity to the middle school and his actions did not constitute a threat to anyone there.
    1. The middle school principal had no right to interfere in his activities or call him over.
    2. Further, records at the police department will confirm that officers told all concerned parties that my son was not guilty of any wrongdoing at the time.
  3. My son denies any wrongdoing in the events that took place, which are in any case not relevant to your son's relationship to the school.
  4. My son has been denied due process, including a failure to make available to him the documents related to the suspension, an exact account of what he is supposed to have done that merits disciplinary action, or worse, suspension, or a chance to present his account of relevant events.
  5. The foregoing constitutes a serious violation of his rights.
    1. My son has suffered material damages, which include in part denial of access to education.
    2. He fully reserves his right to seek redress against the high school, the middle school, and both principals in their private capacities, as their actions clearly constitute abuse of their powers as school principals.
    3. He is willing to consider foregoing the pursuit of any and all legal avenues open to him provided that certain demands were met.
These demands would include:
  1. Immediate reinstatement, and within 24 hours,
  2. A written apology from the principal on behalf of the school and in his personal capacity. The written apology should:
    1. Briefly summarize the events of the day and clearly state that my son had done nothing wrong and certainly nothing to merit disciplinary action by the school,
    2. Make clear that the matter would be set straight in his school records, which would permanently include the note of apology,
    3. Set out arrangements for special tuition to help my son catch up on all work missed,
    4. Outline arrangements for the broadcasting of a notice within the school so that all teachers and students were clear that he had done nothing meriting disciplinary action, in a way that would not cause undue embarrassment to school officials, and
    5. Provide an undertaking that neither they nor anyone else would disadvantage my son in the future.
Second, if he would fail to agree with any of the demands.
  1. I would restate his position clearly, so that we are both clear what he has said.
  2. Then, taking care to avoid any suggestion of extortion, I would mention that you realize that he may wish to change his mind after consulting with the School Board and repeat that he has 24 hours to meet your demands,
  3. Respectfully and calmly close the meeting, providing him with a copy of a pre-written letter noting that the meeting took place and that he is not willing to meet your demands.
  4. Notify him that a copy of the "failure to reach agreement" letter would be
    1. Sent to the School Board immediately and, if your demands were not met,
    2. You would be sharing both letters and additional materials with named TV stations and newspapers, with the goal of protecting other children from the abuse of their rights.
I had a similar situation unfold in California in the past concerning my children. I gave the gentleman involved 24 hours to unfold a series of events that were dramatically unfair and demonstrated such arrogant disregard for my rights. It was amazing how fast things got sorted out following this approach.
Click to expand...

Thanks. Your thoughts about the trespassing notice issued by the principal/school?
 
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