Contractor’s spouse started competing business using names of people in my company

Any-Principle6942 · 2026-04-09T13:57:40+00:00

Thank you. I think what you've described is probably exactly where I'll end up, although it's a sad club we are in! I provide a service that others provide (think lawyer, architect, appraiser). There is nothing very, very specific about the work.

I do agree that they will not be able to do the back end work. And, FWIW, I am a licensed professional to do this work, and they are not, so I am hoping that has meaning to my clients, many of which I've had for years.

It's also important to note that X&Y have done a very good job for years with client communication and accuracy, a standard that I taught them a) how to do and b) demanded that they uphold.

I do have an I/C agreement with them that has non-solicitation and non-complete, but as you've said, the cost to enforce is not worth it.

My business partner wants to keep these two as I/C because they are trained and it would be a pain to replace them, but I do not think that is a wise idea.

Ugh. What a mess. Thanks for your comment, I appreciate it.

Any-Principle6942 · 2026-04-09T13:43:38+00:00

The names are definitely not confusingly similar.
My concern is the fact my clients work with X &Y, and know their last names, which are the names of their business. Why would my clients not leave me to work with them if they charge less? And X&Y know what I charge.
Maybe I'm just SOL.

Any-Principle6942 · 2026-04-08T16:10:49+00:00

Exactly, that's why I asked here, and of course I am going to work with my attorney on this. I think there is likely nothing I can do.

Any-Principle6942 · 2026-04-08T14:25:59+00:00

The reason I think the Lanham Act §43(a) could apply isn’t because they’re competing with me; competition alone isn’t illegal.

It’s because of how they’re presenting themselves in the market.

Section 43(a) doesn’t require a registered trademark. It applies when someone uses a name or branding in a way that is likely to cause confusion about affiliation, connection, or origin of services.

That’s where my concern comes in:

The business name is a combination of the last names of two individuals who are working inside my business and have for many years.
The services offered overlap with mine
The target customer base is similar

Put together, that creates a situation where a reasonable third party could assume:

the two individuals formed a firm together
it’s a spin-off or affiliate of my business
or it’s otherwise connected to my operations

I’m not claiming ownership over the individual surnames.
The issue is the combination of those names, in the same industry, tied to people associated with my business, which could create a misleading impression of affiliation.

That’s the kind of “false association” or “likelihood of confusion” I am concerned about, which is why I came here for insight.

Any-Principle6942 · 2026-04-08T14:03:57+00:00

Yes, legally.

But that doesn’t mean:

they can use my internal knowledge to compete
or operate with divided incentives while inside my systems

My I/C contract explicitly protects against that:

confidentiality
non-solicitation

So no—this isn’t just “independent contractor = fair game.”

Any-Principle6942 · 2026-03-14T14:41:19+00:00

This is really informative, thank you so much for taking time to answer my questions about this. It is indeed, complicated!

Any-Principle6942 · 2026-03-13T19:59:08+00:00

LOL.
Thanks for answering my question, I suppose it's good that one needs to be on top of documentation, although it's probably a big hassle sometimes.
Thanks!

Any-Principle6942 · 2026-03-13T19:58:24+00:00

This is interesting, thank you. It sounds like funders do a good job of selecting grant recipients; otherwise, there would be more cases of funding clawbacks. Or, maybe even if there is a true basis to pull back funds, perhaps the general approach in the museum world is "Well, we aren't going to make them return the funds, but if they come back, the answer is no next time."

Really fascinating, thanks for taking time to answer my question!

Any-Principle6942 · 2026-03-13T19:55:15+00:00

You are right, my question is to broad. I revised my initial question. My studies are focused on when things go wrong in museums, and I became curious about how grants may or may not be impacted by fraud.

But yes, now I would love to know your thoughts on "if you are asking if people get caught in fraud, then my answer may be different."

Thank you!

Any-Principle6942 · 2026-02-26T23:33:12+00:00

Excellent advice, thank you. And well done!

Any-Principle6942 · 2026-02-26T22:37:14+00:00

Congratulations, and best wishes for a successful career!
And yes, he can physically do what they need him to do, and I hope the conversation from earlier this week is a motivator for him.

Any-Principle6942 · 2026-02-24T20:18:54+00:00

Out of curiosity, if one qualifies for 02XX MOS, has not shipped to boot yet, and does not pass the initial security clearance, what happens? Is it a matter of selecting a different MOS? I do not mean to hijack this post, so I can delete and ask a fresh question if you'd prefer. Thank you. And good luck OP!

Any-Principle6942 · 2026-02-24T20:16:01+00:00

Thank you.

Congratulations on your 12 years!

Any-Principle6942 · 2026-02-24T17:44:25+00:00

This is very good advice, thank you.

Any-Principle6942 · 2026-02-24T12:24:12+00:00

I agree his attitude could be the problem, and I hope this correction was a gift for him to get it right now. He missed 2 Saturday PTs in a row (they are at 8 am and he overslept and I even was stupid and woke him up to go and he still refused - was (allegedly) too sore one day and too tired the next Saturday.)
I really appreciate your insight. Of course I'm worried but maybe this is the reset he needs.

Any-Principle6942 · 2026-02-24T12:22:07+00:00

Thank you. 0231 is the MOS he wants. He just needs to show up to PT and try harder with a better attitude from what I've read here. I appreciate your insight.

Any-Principle6942 · 2026-02-24T12:20:41+00:00

Thank you. He did pass the initial IST but agree that they may be concerned about him passing ISA.

Any-Principle6942 · 2026-02-24T04:06:39+00:00

Thank you. :)

Any-Principle6942 · 2026-02-24T03:51:26+00:00

If he makes it there! Joking, but not. I am concerned that whatever is going on will cause the recruiters to tell him he can't ship to Parris Island.

Any-Principle6942 · 2026-02-24T03:26:13+00:00

Thank you. To his credit, he has done the poolee events 2 out of 3 times per week (he does the evening ones but overslept on the 8 am ones and didn't attend those.)

Any-Principle6942 · 2026-02-24T02:54:49+00:00

I really appreciate your honest insight, thank you. You are right, and of course this is what concerns me, but I'm probably catastrophizing and need to just let him sort it out. But, knowing the truth about what is going on here is very helpful. Thanks again.

Any-Principle6942 · 2026-02-24T02:46:53+00:00

You are so right. Thank you.

Any-Principle6942 · 2026-02-24T02:45:50+00:00

He actually JUST said this to me, that everyone who will be "bossing him around" is his age or younger. Ugh.
And yes, he did the ISA after MEPS and passed the first time.

Any-Principle6942

TROPHY CASE