Puppy Forum and Dog Forums banner

1 - 12 of 12 Posts

·
Premium Member
Joined
·
8,881 Posts
Discussion Starter #1
I picked up a free dog magazine the other day. Its a newer magazine focused on West Central Florida. From the best I can tell, they have been around since 2008.

They have a column called A Breed Apart.....


Here is where my issue comes in. My corporation is A Breed Apart, Inc.

I do not make my living off of dogs. But I do some training, pet sitting, consulting, etc with dogs and other species of animals. Both for Profit and in a volunteer capacity. I run all of my professional business activities involving animals through that corporation.

I try not to be a jerk about things. And again, I don't really plan on making dogs my primary income source. But it is my brand so to speak.

Think I should be ticked off?
 

·
Registered
Joined
·
4,574 Posts
Hm...I'm thinking that if you have a copyright or trademark on the name, then they probably shouldn't be able to use it.

Having said that, they are using it for a different purpose. They are not a company nor are they claiming to be offering a product or service. They are not pretending to be you.

So it probably doesn't matter.

I have no idea, really, lol.
 

·
Registered
Joined
·
5,997 Posts
If you don't have a trademark or copyright on the name there's nothing you can do TBH. If you do, you may or may not be able to take action depending on what specifically you copyrighted it for.
 

·
Registered
Joined
·
5,284 Posts
I don't have any idea, either, at least from a legal point of view.

I'd probably be pissed about it, though, if it was me. I just don't know if there's anything you could do about it, or if it's really worth it for you to do about it.
 

·
Registered
Joined
·
20,765 Posts
Since it's just a column in a small magazine, it's probably not copyright infringement. I mean, probably dozens of small local newspapers have editorial/op-ed columns called "As I see it" or something similar, but whoever owns As I See It, Inc. :)p) probably isn't going after them.

In my non-professional opinion, not a big deal.
 

·
Registered
Joined
·
3,851 Posts
I can see your issue, but you chose a name for your company that is a common idiom in the English language. There are dozens of books that use the term in the title.
 

·
Premium Member
Joined
·
8,881 Posts
Discussion Starter #9
I can see your issue, but you chose a name for your company that is a common idiom in the English language. There are dozens of books that use the term in the title.
Its a cool name isn't it? ;)'

I set up the corp in 2007 so my attorney and my father could sleep better. I used to just do everything in my name as a sole propietor and keep records and list it on my taxes as self employment income. But those two kept saying I needed liability insurance. So I started calling around. Mention dogs in business to an insurance agent. Dollar signs pop out of their head. Because I was straight up and told them the focus of my training activities were dealing with dogs with behavioral issues.

I don't turn enough to afford the insurance. So this was my attorneys idea. Set up the corporation as a buffer and he drafted me some real good hold harmless forms. None are bullet proof but....

As I think about it, its not a big deal. The magizine was on the counter at a pet store the other day. I picked it up and then saw the column.
 

·
Registered
Joined
·
5,997 Posts
Its a cool name isn't it? ;)'

I set up the corp in 2007 so my attorney and my father could sleep better. I used to just do everything in my name as a sole propietor and keep records and list it on my taxes as self employment income. But those two kept saying I needed liability insurance. So I started calling around. Mention dogs in business to an insurance agent. Dollar signs pop out of their head. Because I was straight up and told them the focus of my training activities were dealing with dogs with behavioral issues.

I don't turn enough to afford the insurance. So this was my attorneys idea. Set up the corporation as a buffer and he drafted me some real good hold harmless forms. None are bullet proof but....

As I think about it, its not a big deal. The magizine was on the counter at a pet store the other day. I picked it up and then saw the column.
Not the best advice since you own the corporation. If a dog you supposedly rehabilitated bit someone I could sue the corporation and if I won, you'd end up paying since you are the corporation. I could also sue you personally since you worked with the dog. Your best defense is good insurance and really great hold harmless forms.
 

·
Registered
Joined
·
20,765 Posts
If a dog you supposedly rehabilitated bit someone I could sue the corporation and if I won, you'd end up paying since you are the corporation.
But then couldn't the corporation declare bankruptcy and he would be off the hook? Admittedly I'm no expert in corporate law, but a friend who is a lawyer was trying to explain it to me once and that's what I got out of it. They can't come after your personal holdings for your corporation's debts.
 

·
Premium Member
Joined
·
8,881 Posts
Discussion Starter #12
Not the best advice since you own the corporation. If a dog you supposedly rehabilitated bit someone I could sue the corporation and if I won, you'd end up paying since you are the corporation. I could also sue you personally since you worked with the dog. Your best defense is good insurance and really great hold harmless forms.
Yes you could sue me personally. Anyone can sue anyone over anything. But the corporation buffer is often used to limit personal liability. And you could sue the corporation....But what would you get? My corporation owns nothing. No real estate, no vehicles, has very limited assets. I take the tax hit personally as a paid employee. I could sign over the corporation to someone then as an employee, resign.

I still have some exposure. But I limit it through the corporation and my hold harmless forms.

Its either that, or don't do it at all.
 
1 - 12 of 12 Posts
Top