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DPChallenge Forums >> Business of Photography >> Anybody a lawyer...I need some advice.
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Showing posts 76 - 86 of 86, (reverse)
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02/06/2008 02:09:31 PM · #76
Originally posted by DowseDesigns:

OK, that pretty much answers my question... I vote for a lock.


I second that.
02/06/2008 02:09:35 PM · #77
Originally posted by Bear_Music:

Originally posted by Spazmo99:

I have to ask, how long ago did you register that name? Weeks? days? Right after you found out about the OP's business?

Link


Oh, fascinating! He's actually REGISTERED the name "Just Bliss"...

R.


The question is when? Is this an old business name he used to use? one he's still using? one he registered in anticipation of using? or did he see the OP's business name, do a search, register it and commence to threaten legal action?

The first three, I can understand his POV, the last one is just being a jerk.

Is he also threatening to sic lawyers on all the other businesses associated with the name "Bliss"? A simple Google search reveals many business in the PNW area doing photographic work that use the word "Bliss" in their name. His lawyer is gonna be one busy dude.

Message edited by author 2008-02-06 14:15:18.
02/06/2008 02:10:46 PM · #78
Originally posted by karmat:

Just out of curiousity, how long has the name "Just Bliss Photography" been registered?


02/06/2008 02:11:55 PM · #79
Originally posted by karmat:

Originally posted by karmat:

Just out of curiousity, how long has the name "Just Bliss Photography" been registered?


Just Bliss Photography is the name registered by the OP. I'm guessing it was registered after the start of this debate.
02/06/2008 02:13:27 PM · #80
its probably worth noting, from that WA.gov page, that 'State law requires that you register your trade name(s). A trade name registration is intended to provide a record of the true owners of a business when the identity of the owners cannot be found in the business name. Registering a trade name does not protect it from others using it. Even though you have registered a trade name, other businesses can still use and register that exact same name for their own business.'
02/06/2008 02:20:32 PM · #81
Originally posted by etbliss:

Im not getting nasty. Im just trying to protect a trade name that has been in existence for a very long time. I pay my business license fees, my state tax's, and have built a solid business model that is in every way associated with Thomas "Bliss Photography".

If any of you are making a living out of your passion for photography and you had to deal with this exact situation, would you be as passionate about protecting your trade name in such a very dynamic, and pressured market? I think you would.

You really need to put yourselves in my shoes. If you are in this for a "hobby" then stand down. You don't have a dog in this fight. However if you make your living in this business, then I think you would feel very differentially if your name had been the one in so hotly debated in this thread.

From my perspective as a photography business owner, albeit small, I know I would have been disappointed to find I couldn't use the name, but I would have been put aside by a letter promising legal action.

All we are suggesting is that the OP go through proper channels and see what the situation is.

I would hope that you could at least understand the OP's surprise at the contact out of the blue, especially considering the specter of legal action and the disappointment at discovering an obstacle at the outset.

And whether it's a living or a hobby, if you go to the time and trouble to make it a legal endeavor, I know I certainly would run through the appropriate steps before I just tuck my tail between my legs and skulk off to use your canine analogy......8>)
02/06/2008 02:25:22 PM · #82
Originally posted by Gordon:

its probably worth noting, from that WA.gov page, that 'State law requires that you register your trade name(s). A trade name registration is intended to provide a record of the true owners of a business when the identity of the owners cannot be found in the business name. Registering a trade name does not protect it from others using it. Even though you have registered a trade name, other businesses can still use and register that exact same name for their own business.'


Yah, I just found that. Murkier and murkier...

R.
02/06/2008 02:26:33 PM · #83
Originally posted by Gordon:

its probably worth noting, from that WA.gov page, that 'State law requires that you register your trade name(s). A trade name registration is intended to provide a record of the true owners of a business when the identity of the owners cannot be found in the business name. Registering a trade name does not protect it from others using it. Even though you have registered a trade name, other businesses can still use and register that exact same name for their own business.'


So, it'd be pretty safe to assume that trying to protect the word Bliss would be pretty futile, I would think (as a photographer not a lawyer).

BTW, welcome to DPC, Thomas. :-D

Message edited by author 2008-02-06 14:27:44.
02/06/2008 02:32:32 PM · #84
OK, this is all I'm going to say (see my pancake analogy earlier).

What if your last name was "Jumpinjehosaphat" for arguments sake and someone came along (in a competitive market) and started a photography service called "Just Jumpinjehosophat". The name "Just" implies they are the one and only. To someone who has already established a market, this may seem inflammatory if they are assuming that the person registering the "Just" business had prior knowledge of the Jumpinjehosophat Photography business. When in fact they had no previous knowledge and were just using the name because it sounded nice.

My point is that maybe the situation could've been handled differently but it may also have a lot to do with perceptions of the others intent. Hence it's all a big misunderstanding and maybe it's time to step back, cool down, and try to adjust some misperceptions.

Message edited by author 2008-02-06 14:33:43.
02/06/2008 02:33:59 PM · #85
Originally posted by fotomann_forever:



BTW, welcome to DPC, Thomas. :-D


Yeah, hopefully you guys can settle this amicably... and then maybe we can persuade you to stick around for a while. You might like it...
02/06/2008 02:34:24 PM · #86
locking this before it goes south. I'm sure the OP is seeking legal advice.
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