ComplaintsforNewman Auto Network

• Initial Complaint

  08/27/2023

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  ***** from Car Buyer's Advocate in ******* is currently using our trademarked name. While I hold respect for ***** as a fellow business owner, a devoted capitalist, and a patriotic American conservative, it has come to our attention that his usage of our name has occasionally led to confusion and hindered our own recognition. It is worth noting that *****'s attempt to trademark our name was denied on account of our prior usage.Our legal representative has already informed ***** about this infringement, and we believed that he had taken corrective actions. Our intention is not to create conflicts or complications, and our approach is far from aggressive or confrontational. At this point, we have not sought financial compensation, nor do we have a formal agreement with ***** concerning the use of our trademarked name. ***** has not made any effort to offer restitution for the use of our trademarked name.We remain open to engaging in a dialogue to find a resolution to this matter. It is understood that *****'s official business name is legally IdealCarBuying.com. It would be mutually beneficial to reach a settlement that addresses and resolves this situation amicably.

  

  Business response

  08/28/2023

  This is the first time I have heard of this complaint. Thanks for putting it out there.  We were not denied because Car Buyer's Advocate was taken.  We were denied by whoever reviewed it, with an explanation "Car, *****'s, and Advocate" are three distinct words which can't be put together to form a Trademark.  I did not pursue it, as I figured that no one would be able to trademark the name. So, please understand I have not been ignoring the issue. I truly did not know there was an issue. Also, our website address is not our legal name. In any case, I'm thinking we may be able to work together, and take advantage of the name usage.  We can offer pristine ******* pre-owned vehicles to Car Buyer's Advocate in *********, if it makes sense to enter into such a partnership.  With 100 5 star ratings, we are not going to hurt your reputation. Just as your long-standing commitment to serving the community of *********** shows you are a top-notch, quality business.  If interested in discussing futher, please call me at ************. I have no desire to have any negative, contentious issues to focus on. Sounds like you're the same. Let's talk. Thanks!  ***********************

  Customer response

  08/30/2023

  Hi *****,
  I trust this message finds you well. I've recently become aware that our trademarked name, Car Buyer's Advocate, has been in use for your business since August 1, 2018. I'd like to address this matter as it pertains to trademark infringement.
  Using a trademarked name without authorization carries legal implications on the letter our attorney sent to you, and it's important for us to navigate this situation thoughtfully.
  Similarly, appropriating our business name for your business would be legally problematic.
  The fundamental issue remains that your business, centered on car sales, is adopting the guise of a Car Buyer's Advocate. This equivalency would be akin to a Vacuum Cleaner Salesperson rebranding as a Vacuum Cleaner Advocate. The very concept of advocacy is negated by such a label.
  It's pertinent to acknowledge that there are other non-dealer entities like mine: Your Car Buying Advocate in **** and Auto Buyer's Advocate in ************* and are dedicated to assisting clients without engaging in vehicle sales.
  Considering the context, I understand your annual revenue approximates $500k to $600k, a figure that aligns with similar business models I'm aware of. I am interested in reaching an equitable resolution between us.
  To date, neither have you sought permission for our name's use, nor have you proposed reasonable compensation for utilizing our trademarked name. I've observed instances where agreements have been forged between companies sharing a name. These agreements often stipulate that the infringing entity pays between 10% to 50% of its income to the trademark owner.
  Trademark infringement is a legally serious matter, encompassing rigorous consequences. It's my intention to find a mutually agreeable resolution that rectifies this situation.
  I eagerly await your response, including any offer you may have for settlement. Thank you for your attention to this matter.
  Best regards,
  *************************

  

  Business response

  09/05/2023

  Good morning ******--

  Thank you so much for your professional and ************************ regarding this issue.  I totally understand where you are coming from and have decided to take this situation as a great opportunity to rebrand our company. My reputation as someone who actually provides valuable information and options to car buyers and sellers, even when it may work against my best interests. So I still consider myself an advocate for **** who are in the market. Those who already have worked with me understand that I'm also going to make money, while providing them good advice and direction. But, there's no reason to fight this. Instead, I will embrace it and move on.  I have a team in place to get the transition started. I will keep you updated as we make this happen. Best wishes to you----FJB!

  *****

  Customer response

  09/11/2023

  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
  
  Regards,
  
  *************************
  
   
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩