We always wonder why our federally trademarked names Philly Junk and Clean Out Junk or more precisely federally trademarked PhillyJunk® and CleanOutJunk® are often used in so many of competitors ads and blogs. We did a search the other day and saw: All Around Removal, Junk-King® (a registration mark of Junk-King Inc.) Junk Be Gone, 1 800 Haul Out, Junk Removal Philly just to name a few, each use our protected name is some form within their blogs and ad titles on their Google Adwords ads. I guess we should be flattered that each wish to piggyback off our teams hard work over the years for their professionalism and dedicated efforts and high standards to bring ethics, quality and professionalism to what otherwise is a very unprofessional and unethical industry. PhillyJunk and CleanOutJunk employees work hard at their job and strive to please each of our customers expectations. It bothers each of us that these companies such as All Around Removal, Junk-King, Junk Be Gone, 1 800 Haul Out, Junk Removal Philly want to attempt to take away customers who heard about us or were referred to us by using our name in their ads and blogs. Take a look at these companies web sites (if you can find some of them). Often what your find is little or none direct owner contact emails, incorrect or invalid business address listing, and almost all do not publish rates or pricing. You have to ask yourself why?
For the record both of our companies names PhillyJunk and CleanOutJunk are federally registered (4,087,684 & 4,088, 036). When trying to communicate to each of these companies (some impossible to pin down the owners) they claim the use of Philly Junk and Clean Out Junk is not a violation of our federal trademark. That simply is not legally correct. The intellectual property law offices of Cusick IP (Clinton Cusick) were used on occasion to pursue previous offenders of trademark. His opinion was as follows when using our names for “JUNK, TRASH AND DEBRIS REMOVAL.”
“The registered mark contains a stand character claim, namely “the mark consists of standard characters without claim to any particular font, style, size, or color.” This means that the trademark registration covers PhillyJunk and CleanOutJunk in any configuration. A user cannot escape the scope of the trademark protection by rearranging the terms, changing the color, or stacking one term on top of the other.
Trademark infringement analysis centers on the similarly of the marks and relatedness of the services. The commercial impression of our mark is the sum of the sound, appearance, and meaning of the mark.” Here is a simple test. When spoken does the two words of Philly Junk sound like PhillyJunk and do the words Clean Out Junk sound the same as CleanOutJunk? I’ve been emailed by folks at Junk-King and others that our registration mark is in the legal “gray area” according to their legal counsel. In short, they want a small family owned business like PhillyJunk and CleanOutJunk to challenge a large nationwide firm like Junk-King to a legal battle hoping we would not have the resources for such a legal fight. Frankly, I find that with all the marketing and advertising choices each of these and other companies can select why would each just coincidently select our two companies names other than to hope to gain off of our goodwill and brand name. They could use Phila. Junk (which is far more common) or Philadelphia Junk Removal (even more so) but instead they often choose Philly Junk Removal or Clean Out Junk Removal.
If your looking for the original PhillyJunk, Philly Junk, Clean Out Junk or CleanOutJunk residential and commercial junk removal service just call a single number 888-810-5865. Forget the imposters trying to make a buck off a locally owned family business. Our employees greatly appreciate your business.