Fish Laws!!

big tanner · 01-22-2005, 11:32 PM

Anyone got any info. on laws regarding business names? I have started my business in Cleveland, TN and named it something and I just found out that there was already a store named the same thing in Knoxville, Tennessee. It's about an hour and a half from where my store is. Can I get sued over this? Does anyone know the rules and regulations regarding this matter? Please let me know so I can change everything on Monday if needed. WHAT A FRIEKEN HEADACHE!!!!!!!!!!

gussy · 01-22-2005, 11:59 PM

If the names are exactly the same and they are in the same line of business (e.g. it's okay to open a car shop called McDonalds). Didn't you check before you did this? In California it's called a Fictitious Business Name registration where you do a search and publish for a few weeks. Are the names exactly the same? If it is...yes, you have to change it.

big tanner · 01-23-2005, 12:27 AM

Shi@!! yeah it's the same. They never said a word at the court house and I didn't even know the store existed until this afternoon and my maintenace guy informed me. That pisses me off! Now I have to go back up there, change my license, contact all my wholesellers, and most of all think of a new name! What a headache. Thanks for the info though. Just wish I would have known this about a month ago. Tanner F

gussy · 01-23-2005, 01:35 AM

Is it EXACTLY the same? Know what Uncle Sam says right, they are not responsible. Why don't you just call it "Big Tanner's Reef House"?

AJinNY · 01-23-2005, 07:47 AM

Let me guess, the exact name of the other establishment is "Big Tanner's Reef House".

Maybe the other company isnt legally registered under the EXACT name you see displayed at their storefront. Research further before u change anything. You might still be ok.

mps9506 · 01-23-2005, 08:17 AM

Since buisness liscneces are usually something the county or city handles they aren't going to compare names.
Might run into problems when you get your fed. tax number for the store however. Our stores buisness is under an inc. name and the buisness is under another. Wholesalers don't give a crap as long as you provide them proof of retail storefront (fish wholesalers don't care about this), buisness lisence and credit card

. (BTW, in this buisness make sure you are at least a LLC or INC. to keep from getting sued or losing your personal holdings should a customer get pissed off at you for something stupid. I've heard of stores and owners losing everything they had because of shoddy light fixtures that burnt down houses or similar stories.
I personally would make sure you don't have the same name just to avoid any future troubles. Not nec. with them, but to avoid confusion when it comes to getting usda permits and such.

logical · 01-23-2005, 11:26 AM

Aside from the legalities that "may" arrise, it sounds like this is sort of a newer business?

If so, remember, that other place with same/similar name might have a less than stellar reputation, so you don't want people associating you with them

On the other hand, if they are the best thing since sliced bread.....

You see where I'm going. Get your own DISTINCT name and kick some bootie!

Best of luck, Bryan

Little Luey · 01-25-2005, 11:30 PM

Congrats on your new bussiness. I know you won't forget about giving good customer service, this is why I drive 25 miles to my not so LFS (Capture the sea, Tinley Park, Il)even when there are about 5 around me. Good customer service is IMO better than good prices. I do not mind paying a little more if I know I am getting sound advice, and the free publicity is good for you too.
For the record, I do not benefit in any way by "pluging" the LFS.

nigle · 01-31-2005, 08:39 PM

Oi!

Concerning the name, in order to get a 'tax' number, you have to register your 'store' with your 'state' right. The states should have a list of all the store names, and when you file for your tax number they shoud be able to tell you if your name is already used, and on the form shouldn't there bee alternate names if the one that you want is taken?

I know that is they way with licence plates here in Indiana.

Cheers!
nigle
!~!

mps9506 · 01-31-2005, 08:49 PM

Quote:

Originally Posted by nigle

Oi!

Concerning the name, in order to get a 'tax' number, you have to register your 'store' with your 'state' right. The states should have a list of all the store names, and when you file for your tax number they shoud be able to tell you if your name is already used, and on the form shouldn't there bee alternate names if the one that you want is taken?

I know that is they way with licence plates here in Indiana.

Cheers!
nigle
!~!

We have only a federal tax "number" kinda like a social security number used soley for taxes purposes. Name doesn't matter, kind of like have the same name as someone else.
Then our buisness liscence is handled locally. That is simply a sheet of paper with our name on it and a number assigned to us that says we are a legite retail business.
Nothing states you can't have the same name unless it is copyrighted.

01-22-2005, 11:32 PM	#1 (permalink)
big tanner Midas Blenny Join Date: Jan 2005 Location: Cleveland, Tennessee Posts: 85 View Gallery Karma Komment	Fish Laws!! Anyone got any info. on laws regarding business names? I have started my business in Cleveland, TN and named it something and I just found out that there was already a store named the same thing in Knoxville, Tennessee. It's about an hour and a half from where my store is. Can I get sued over this? Does anyone know the rules and regulations regarding this matter? Please let me know so I can change everything on Monday if needed. WHAT A FRIEKEN HEADACHE!!!!!!!!!!

01-23-2005, 08:17 AM	#6 (permalink)
mps9506 They misunderestimated me Join Date: Jan 2004 Location: Charlotte and Wilmington, NC Posts: 6,862 View Gallery Karma Komment	Since buisness liscneces are usually something the county or city handles they aren't going to compare names. Might run into problems when you get your fed. tax number for the store however. Our stores buisness is under an inc. name and the buisness is under another. Wholesalers don't give a crap as long as you provide them proof of retail storefront (fish wholesalers don't care about this), buisness lisence and credit card . (BTW, in this buisness make sure you are at least a LLC or INC. to keep from getting sued or losing your personal holdings should a customer get pissed off at you for something stupid. I've heard of stores and owners losing everything they had because of shoddy light fixtures that burnt down houses or similar stories. I personally would make sure you don't have the same name just to avoid any future troubles. Not nec. with them, but to avoid confusion when it comes to getting usda permits and such. __________________ Mike "The Bandwith Bandit" Help Build Reefpedia Premium Membership Available! Support Reef Sanctuary Sponsors

01-25-2005, 11:30 PM	#8 (permalink)
Little Luey Scopas Tang Join Date: Dec 2004 Location: Yuma, Arizona Posts: 432 View Gallery Karma Komment	Congrats on your new bussiness. I know you won't forget about giving good customer service, this is why I drive 25 miles to my not so LFS (Capture the sea, Tinley Park, Il)even when there are about 5 around me. Good customer service is IMO better than good prices. I do not mind paying a little more if I know I am getting sound advice, and the free publicity is good for you too. For the record, I do not benefit in any way by "pluging" the LFS. __________________ Little Luey 20Gal, 30 lbs. Live rock. 1 yellow goby 1 firefish 1 rainsford goby 5 turbo snails 1 feather duster 1 devil's hand leather 1 sea grass colony 2 Zoantoids colonies

01-22-2005, 11:59 PM	#2 (permalink)
gussy Torch coral Join Date: Jan 2005 Location: San Francisco Posts: 579 View Gallery Karma Komment	If the names are exactly the same and they are in the same line of business (e.g. it's okay to open a car shop called McDonalds). Didn't you check before you did this? In California it's called a Fictitious Business Name registration where you do a search and publish for a few weeks. Are the names exactly the same? If it is...yes, you have to change it.

01-23-2005, 12:27 AM	#3 (permalink)
big tanner Midas Blenny Join Date: Jan 2005 Location: Cleveland, Tennessee Posts: 85 View Gallery Karma Komment	Shi@!! yeah it's the same. They never said a word at the court house and I didn't even know the store existed until this afternoon and my maintenace guy informed me. That pisses me off! Now I have to go back up there, change my license, contact all my wholesellers, and most of all think of a new name! What a headache. Thanks for the info though. Just wish I would have known this about a month ago. Tanner F

01-23-2005, 01:35 AM	#4 (permalink)
gussy Torch coral Join Date: Jan 2005 Location: San Francisco Posts: 579 View Gallery Karma Komment	Is it EXACTLY the same? Know what Uncle Sam says right, they are not responsible. Why don't you just call it "Big Tanner's Reef House"?

01-23-2005, 07:47 AM	#5 (permalink)
AJinNY Plate Coral Join Date: Mar 2004 Location: New York, NY Posts: 711 View Gallery Karma Komment	Let me guess, the exact name of the other establishment is "Big Tanner's Reef House". Maybe the other company isnt legally registered under the EXACT name you see displayed at their storefront. Research further before u change anything. You might still be ok.

01-23-2005, 11:26 AM	#7 (permalink)
logical Bryozoan Join Date: Nov 2003 Location: Melbourne, Fl Posts: 41 View Gallery Karma Komment	Aside from the legalities that "may" arrise, it sounds like this is sort of a newer business? If so, remember, that other place with same/similar name might have a less than stellar reputation, so you don't want people associating you with them On the other hand, if they are the best thing since sliced bread..... You see where I'm going. Get your own DISTINCT name and kick some bootie! Best of luck, Bryan

01-31-2005, 08:39 PM	#9 (permalink)
nigle Tuxedo Urchin Join Date: Nov 2003 Location: Gary, Indiana Posts: 292 View Gallery Karma Komment	Oi! Concerning the name, in order to get a 'tax' number, you have to register your 'store' with your 'state' right. The states should have a list of all the store names, and when you file for your tax number they shoud be able to tell you if your name is already used, and on the form shouldn't there bee alternate names if the one that you want is taken? I know that is they way with licence plates here in Indiana. Cheers! nigle !~!

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