Hey mamas,

I wanted to share why Mom and Babe Co had to close its doors and restructure because just as I have learned so many things from you, I am hoping I can help another WAHMama out.

Prior to starting this business, I wrote a business plan with well-thought of and innovative ideas. I thought I had sufficiently covered my bases and after 8 months or so of being in business, I felt that I was really on the rode to success!

I was contacted by another business owner (along with her lawyer) who claimed that my business name was in violation of her trademark. This is a business owner who has been in business for over 5 years.

Mind you, I did do a search on my business name at http://www.usptp.gov, but I didn't realize the extent on how complicated trademark issues are. Apparently there have been customers who have gotten our stores mixed up, which brought on her investigation.

I'm sure your first instict is to "fight", but after consulting 3 lawyers (one of which is a trademark lawyer who *just* finished a stent working as a patent/trademark reviewer for USPTO), the conclusion was the same: IT ALL COMES DOWN TO $$. I could very well have a chance to win today, but they can appeal etc...

As some of you may know, for every intervention an attorney makes, it costs $$.

OR

I can re-establish myself as a new business and trademark that name for appx the same amout of money, without fearing that down the line this lady can come after me with same allegation. (even if I, say, were to win today). I also re-evaluated how far I want my business to go and realized that it is better to just move forward than to fight this battle. Someday I want to be a B&M store, and I now am more committed to a more unique name to distinguish our family business from others.

So, I have an attorney who is currently in the process on searching the USPTO databases for any violations my new desired business name will be. Once that is completed, then I am seeking to trademark this name! I am so excited about this! Once the search comes out successfully, I will start working on my website with a new domain name, and then life can go on.

Thank you for reading this far! My lesson on all this is to not underestimate the legalities involved in a business structure, as well as to be open to change! Haha!

Thank you for everyone's support, and know that as soon as I open up, you are the first to know!!!!

HUGS!

{{{{Tiffany}}}}

I'm sorry you're having to do this. FWIW, I think you're making the right decision. Better to start off with a new name, IMO. I'm sure you will be able to build up the business under the new name without difficulty. Just be sure to put the word out to your customers.

Good luck with the new name and redesign! I look forward to hearing more.

I'm sorry! Was it a WAHM who contacted you?

I'm sorry! Was it a WAHM who contacted you?

It is another mama, though I can't be sure she works from home. She has a large inventory, though I don't know if a percetage of that she dropships.

At first I was totally P-O'd! Like, why would one mama do that to another? And then, I realize...this is business, and it is survival of the fittest. I try to see it this way, anyway, so I don't go bananas! LOL

And you're right Anne...we'll get to the way we were again...slowly but surely...

Thanks for the great support!

Tif

Kudos to you TIf for your courage , your strength , and your determination ! You will come out of this on top I am sure! Who knows why we hit such roadblocks, but you are such a fantastic gal, I know your new store will be bigger and better. I bet you've got more great ideas already

Now tell me more about the trademark thing...think I better check into it also ;)

Blessings~:p

hey julie!

thanks for the card ;) ... you're too sweet... and supportive i may add, since this isn't the first time :D

here's information about trademarks "from the horse's mouth" :
http://www.uspto.gov/main/trademarks.htm

you can hold a trademark and not actually have to file, but to give strength to some kind of legal recourse, it's better to have it registered. i didn't think i needed to file for an actual trademark, but i never thought i would be put in this situation however. so, filing for a trademark for me is to protect myself...i don't plan to put the trademark against other businesses, i am just making sure that i am not accused again. in essence, this is a defensive measure for me.

it's a tough decision and costs money...but now that this has happened, i wish i did it in the first place (at least pay to have an attorney do a search of the name to make sure i am not in any violation). because it is costing me money and time (which is money) now to close the store, reapply for a new business name, new domain, website and then contact all of my advertisers and link partners to remove my link from their sites. i also have to discard all of the labels, brochures, business cards, promotional materials that have my logo on them.

it used to be that a 2 stores named "bumblebee" (let's say) can coexist in the same state and would never cross paths, but now on the internet we are on top of one another. and while a mama like me would have left another similar named business owner alone, others may and did not feel the same way.

just my 2 cents, you can take it or leave it:D

Thanks for sharing that info. It is very helpful to us all.

Tiffany,

I'm really sorry to hear this. Like you don't have enough going on!! Is this the trial that you spoke of in your online journal? I read a couple of entries.

Wish I could help.

Natasha.

Hmmm... I think I just came across the "other" business by accident. Can it be found at fluffymail.com ? Or do you even want to say.

I totally understand her being upset that customers have been confused. I'm happy for you that you have decided to view things as you have.

I bet ya that things will work out for the better. You had a cute site going there that really reflected your cute personality!

Natasha.

Welcome Natasha! ;)

No...Tiffany and her crew from fluffymail.com isn't the company I am talking about. From *my* experience with other WAHM friends/colleagues/biz's, WAHMs just don't do this to each other...KWIM? The community is too close and we all just want each other to succeed.

This company is definitely LARGE, though is woman-owned (I don't even know if she's a mom...she's wretched is all I know (woops, did I say that?). I don't think I have the right to say who it is...don't wanna get in trouble LOL!

Thanks for the well-wishes! Things are underway and I think that the silver lining has definitely shown through!

Tif

Oh. Well the name of a product line at fluffymail is something like Mom and Baby Company.

Well, if I was that other woman, and had a large company, I would never have done that. Doubt that I would if I had a small company. I certainly wouldn't have "my lawyer" make contact. Sounds like she wasn't too nice about it either. Did you read my story that I posted under the topic of (un)ethical wahm practices? It's a long story. Not similar to yours just about what wahms' do to other wahms.

actually our business name is Made By Mom Baby Co. and our products have the names first class baby and little caboose. :)

Sorry you are going through this Tif!But it probably is better in the long run than to waste time/energy fighting a battle over a name :) I have no doubt you will be just as successful regardless of what your business name is!

Thanks, Tiffany :) (I don't write that very often...LOL...)

I'm excited! This whole process has taught me a lot, and in the whole reorganization I reworked a few things and then developed a couple more things...and even though I've been closed, I've kept busy with orders...makes you feel good when your regulars believe in what you have and what you're doing...

And Natasha, that's too bad about your experience :( . Sounds like a mess and a headache... while I think that there are always bad apples in the bushel, eventually they get thrown out...LOL...such as in business, i suppose. I rely on other WAHMs for support, encouragement and guidance, and I've been blessed to have met some awesome ones...

edited to add: Congrats Tiffany on your pregnancy!

Thanks Tif! We are very excited ;) tho *bebe bump* doesnt seem to like it when i want to sew, LOL.

Sorry about getting the name wrong. I was checking this out at midnight or so last night and not surprisingly, I couldn't remember this morn!

Tiffany 1 (as in first Tiffany posting here), it was a headache. I was surprised about it all because I had been trying to help her and I never had any desire to hurt anyone, nor do I ever desire that.

A small part of all of this and many wahms' conflicts is that it is easy to misinterpret comments when only reading emails. This mode of communication doesn't exactly lend itself to clarity of intent.

Natasha.