Stolen identity any ideas?

[wouldbemaster]

A friend of mine, very experienced martial artists, has spent a long time building a quality reputation only to have a less experienced instructor move into the area calling his club virtually the same name, setting up websites in such a way that people looking or my friends club might hit his in error because of the names etc.

Unfortunately the quality and approach of this new instructor leaves a lot to be desired.

What thoughs and ideas do forum members have. Think we have all had other clus openning up near us and competition is healthy it is more the direct and in your face strategy this club is using with my friend which I find distasteful.

Thanks.

[Gordon Ramsey]

You could take this in a legal way, such as suing them

Or karate chop them in their sleep

[bushido_man96]

I'm not sure if your club would have any legal grounds to sue on, but you could contact an attorney and find out. If your club doesn't have a trademarked name, it may be tough. Not much control on the website issue, either.

I think that as long as your instructor does a good job, and word of mouth gets around, things should go his way.

[mudansha]

This is why people get registered trademarks.

It depends on the state that you are in. In the State of California, business names are controlled on the county level. Legally, if you have "Way of Japan Karate" in one county, one can literally open a dojo in the next county with the exact same name; doing so would be completely legal.

Unless your dojo seeks a trademark, I don't believe you will have a case unless he takes the exact same name.

[Killer Miller]

That kind of thing has been going on for years and years. Martial Art names are so common that unless your club or dojo has a very specific and unique name, it's difficult to prove in court. Yes, it clear of their intent. But many times legally, there's nothing wrong with that as long as it's not the exact same name.

Also, is your Dojo operating under a DBA? Like mentioned before, DBAs can be various locals in their legalities. But generally not much you can do about it. If their dojo or business is very sub-standard, practioners will know the difference in time...

JKA dojos have delt with this for years and never worried about it. Everyone new at a glance which ones were the actual JKA dojos and which ones were copies or fakes... You could have "AV JKA" the legit one, or you could have "AV JKF," the copy or fake one with similar logos that are the rising sun - which are not trade marks, but are public domain. Perfectly legal, but the intent would be to undermind "AV JKA."

- Killer -