FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 


Think A Web-Site Isn't Necessary For Your Business?
Goto page Previous  1, 2
 
Post new topic   Reply to topic    The Smoke Ring Forum Index -> Catering Stickys
View previous topic :: View next topic  
Author Message
SoEzzy
Site Admin


Joined: 13 Oct 2006
Posts: 13184
Location: SLC, UT

PostPosted: Fri Jan 18 08 6:00 am    Post subject: Reply with quote

BBQMAN wrote:
How about BIGTOPBBQ?

Take SoEzzy up on that phone call- he's THE MAN IMHO on these matters...............


BIGTOPBBQ sounds like a bunch of clowns! Rolling Eyes Laughing Wink
_________________
Here's a change Robert.

I still work here!
Back to top
View user's profile Send private message Send e-mail
BBQMAN
BBQ Super All Star


Joined: 13 Jun 2005
Posts: 15470
Location: Florida

PostPosted: Fri Jan 18 08 6:06 am    Post subject: Reply with quote

Aren't we all? Razz
_________________
BBQMAN
"I Turned A Hobby Into A Business".
Providing "IMHO" Since 2005.
Back to top
View user's profile Send private message
TOPS BBQ
BBQ Fan


Joined: 21 Jul 2007
Posts: 133
Location: Fresno, CA

PostPosted: Fri Jan 18 08 7:12 am    Post subject: Reply with quote

Bryce Crane wrote:
This isn't legal advice, but it seems there is a likelihood of confusion...I'd be looking for a new name if they find out they're losing would-be customers. I gather you were second in time with that name (aside from your father's business). And they are in the same geographic region?


I'm not looking for legal advice. I don't believe there is a regional problem what-so-ever. I am located in Fresno, CA. They are in Memphis, TN. I started off to just compete. My dad is the one who pushed me into catering. In fact, I have a great job, that I don't plan to quit.

My only problem was that people are not recognizing that they are placing an order from me, which is about a couple of thousand miles away. In fact, I have taken the opportunity to direct them to the correct place.

So Ezzy - Thanks for the advice, but someone beat all of us to the punch on TopsBBQ.com. I have TOPS-BBQ.com and I believe they are content with Topsbarbq.com.

I am attached to the name and won't be changing it, unless something drastic happens. Hopefully they get a better website, because their menu does not look very good.
Back to top
View user's profile Send private message Visit poster's website
BBQMAN
BBQ Super All Star


Joined: 13 Jun 2005
Posts: 15470
Location: Florida

PostPosted: Fri Jan 18 08 7:27 am    Post subject: Reply with quote

So you have a problem and you are looking for advice, or you don't have a problem. I'm a bit confused!

Congrats on the great job! Wink

California needs more good BBQ, keep up the good work! Very Happy
_________________
BBQMAN
"I Turned A Hobby Into A Business".
Providing "IMHO" Since 2005.
Back to top
View user's profile Send private message
Bryce Crane
BBQ Super Pro


Joined: 03 May 2007
Posts: 1182
Location: Sandy Springs, GA

PostPosted: Fri Jan 18 08 7:42 am    Post subject: Reply with quote

Still a likelihood of confusion...

But good luck!
_________________
www.fattyshackbbq.com
Stump's GF 222P
3 Weber Kettles
Klose Offset
2 labradors
Back to top
View user's profile Send private message Send e-mail Visit poster's website
TOPS BBQ
BBQ Fan


Joined: 21 Jul 2007
Posts: 133
Location: Fresno, CA

PostPosted: Fri Jan 18 08 8:22 am    Post subject: Reply with quote

BBQMAN wrote:
So you have a problem and you are looking for advice, or you don't have a problem. I'm a bit confused!

Congrats on the great job! Wink

California needs more good BBQ, keep up the good work! Very Happy


Yeah, I can do that (confuse people). Wink

CA is getting there! Check out the QN4U call out to all competition teams for May 10th, in Modesto, CA: http://www.modestobbq.com/
Back to top
View user's profile Send private message Visit poster's website
skybob
BBQ Super Pro


Joined: 10 Apr 2006
Posts: 1533
Location: Wichita, KS

PostPosted: Fri Jan 18 08 9:43 am    Post subject: Reply with quote

Hey Ed, (KickAssBBQ), I love your site, been there, partied hard and loved every minute of it. You're welcome around my campfire anytime
_________________
Treager Texas pit
OK Joe's stickburner

Pellethead Pitmaster
Back to top
View user's profile Send private message
OddThomas
BBQ Super Pro


Joined: 07 Mar 2007
Posts: 2010
Location: North Carolina

PostPosted: Fri Jan 18 08 10:15 pm    Post subject: Reply with quote

Bryce Crane wrote:
Still a likelihood of confusion...

I'm not looking for legal advice here Bryce (just filing away for future reference), but if the "other tops" is incorporated, are they within their rights to pursue some sort of legal action or is the difference in location enough to prevent that? It would seem to me that because there's already been some confusion (which could have led to lost sales) and because we're dealing with the Internet, where geography doesn't play as large a role, the original chain might be able to press the issue if they knew a problem existed.
_________________
Best regards,
Mike Wilson
------------------
Back to top
View user's profile Send private message Visit poster's website
Thom Emery
BBQ Fan


Joined: 13 Oct 2007
Posts: 340
Location: Indio Ca

PostPosted: Fri Jan 18 08 10:28 pm    Post subject: Reply with quote

TOPS BBQ wrote:
Here's a problem I am having. Some of you from Tennessee might recognize this: TN has a chain restaurant called Tops "Bar-B-Que", while my name is TOPS "BBQ". Anyhow, they just put up a site recently, that is vague at the very least and somehow people are ordering from my website for food from them. I have been pointing them in the right direction, but hopefully I won't have to for very long.

I understand that the names sound the same, but we have completely different logos. It was never my intention to take their name or resemble them. My father owns a bar called TOPS Tavern, well I just went off of that.


Tri Tip Tops BBQ LOL
Your fine where you are
Laughing
_________________
Thom Emery
Past President California BBQ Association
www.BBQThom.com
Back to top
View user's profile Send private message Visit poster's website
Bryce Crane
BBQ Super Pro


Joined: 03 May 2007
Posts: 1182
Location: Sandy Springs, GA

PostPosted: Fri Jan 18 08 11:31 pm    Post subject: Reply with quote

OddThomas wrote:
Bryce Crane wrote:
Still a likelihood of confusion...

I'm not looking for legal advice here Bryce (just filing away for future reference), but if the "other tops" is incorporated, are they within their rights to pursue some sort of legal action or is the difference in location enough to prevent that? It would seem to me that because there's already been some confusion (which could have led to lost sales) and because we're dealing with the Internet, where geography doesn't play as large a role, the original chain might be able to press the issue if they knew a problem existed.


Bingo! This is not by any means to be considered legal advice, but i believe that if there are potential customers who are confusing the two, and even if there are not, there can be a likelihood of confusion in the mind of the average consumer or would-be consumer. The names are identical in sound, they look very similar, and they market and sell the same product. In this case it makes some difference as to where the two are located, but not dispositive to say the least. That's what courts are for and why some cases turn in different directions on very similar facts. There are many factors a court would look to, but if they were to push the issue, in my opinion, there could be a finding of infringement.

In the vein of the great classic "Superbad"..."Fo' Sho'."
_________________
www.fattyshackbbq.com
Stump's GF 222P
3 Weber Kettles
Klose Offset
2 labradors
Back to top
View user's profile Send private message Send e-mail Visit poster's website
TOPS BBQ
BBQ Fan


Joined: 21 Jul 2007
Posts: 133
Location: Fresno, CA

PostPosted: Fri Jan 18 08 11:53 pm    Post subject: Reply with quote

Thom Emery wrote:
TOPS BBQ wrote:
Here's a problem I am having. Some of you from Tennessee might recognize this: TN has a chain restaurant called Tops "Bar-B-Que", while my name is TOPS "BBQ". Anyhow, they just put up a site recently, that is vague at the very least and somehow people are ordering from my website for food from them. I have been pointing them in the right direction, but hopefully I won't have to for very long.

I understand that the names sound the same, but we have completely different logos. It was never my intention to take their name or resemble them. My father owns a bar called TOPS Tavern, well I just went off of that.


Tri Tip Tops BBQ LOL
Your fine where you are
Laughing


Tri Tip Tops BBQ...Hmmm? Naw, I think I'll just roll the dice. I am after all a gambling man. Wink
_________________
Anything worth fighting for is worth fighting for dirty!

www.TOPS-BBQ.com (Competition Team & Caterer)

FAT 50 Ultra
500-Gal tank grill
2-UDS
1-Custom 50-gal offset smoker (horizontal)
1-Bar-B-Chef Smoker
Back to top
View user's profile Send private message Visit poster's website
Bryce Crane
BBQ Super Pro


Joined: 03 May 2007
Posts: 1182
Location: Sandy Springs, GA

PostPosted: Sat Jan 19 08 1:28 am    Post subject: Reply with quote

Nice...I like it. Cool
_________________
www.fattyshackbbq.com
Stump's GF 222P
3 Weber Kettles
Klose Offset
2 labradors
Back to top
View user's profile Send private message Send e-mail Visit poster's website
StarvinMarvin
Newbie


Joined: 16 Jul 2008
Posts: 63
Location: San Francisco

PostPosted: Thu Aug 07 08 7:42 am    Post subject: Re: Think A Web-Site Isn't Necessary For Your Business? Reply with quote

BBQMAN wrote:
Then think again! Very Happy

I just got off the phone with a corporate client with a home base of Ohio. How did she find us? Yes indeed Gertrude, on the net!



BBQMAN - This is a great post!!! I work in the internet industry (search engine marketing) and can't emphasize enough the importance of having not only a website, but one that Google can easily find. It doesn't (or shouldn't be) have to be over done!

Once you have a basic site going, it's very easy to get email lists, blogs and other user interactive features going. Not only will this generate new business, it'll connect you to your repeat customers!
_________________
"Now don't get me wrong, I love animals, but I like eatin' 'em more... fun to pet, better to chew." - Jim Gaffigan
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    The Smoke Ring Forum Index -> Catering Stickys All times are GMT + 8 Hours
Goto page Previous  1, 2
Page 2 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


Powered by phpBB © 2001, 2002 phpBB Group