Another Kennel using MY Name... what are my options? - Page 1

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jc.carroll

by jc.carroll on 25 June 2010 - 18:06

So, basically a bit of kennel-based identity theft.

There's another kennel that's now using my name. My kennel is registered with UScA; all of my progeny are UScA tattooed, and progeny registered with the SV, UScA and AKC.

Does anyone know what recourse of action I might have against this? The kennel in question does not appear to do anything beyond AKC registration, but since I don't compete in AKC-type events I was told by one of their reps that I cannot register my kennel with them unless I do.

I'm rather miffed. I hope that doesn't sound snotty, but I'd rather not have people thinking their dogs, with their maximums around CGCs and OFA prelims and rather lax breeding requirements, are part of the same program as mine.


gagsd4

by gagsd4 on 25 June 2010 - 18:06

There is no reason you cannot register your name with AKC. And that is the only way to protect it in the US.

-----Mary

by JudyK on 25 June 2010 - 19:06

If your kennel name is a family name they will not allow you to have the rights to that kennel name. 

jc.carroll

by jc.carroll on 25 June 2010 - 19:06

(I clipped my own sentence)

"I was told by one of their reps that I cannot register my kennel with them unless I do AKC events."


Keith Grossman

by Keith Grossman on 25 June 2010 - 19:06

Assuming your use of the name preceded the "other" kennel, have you tried to contact them to let them know that the name they have chosen is already in use?  I would think that most people who had this brought to their attention would willingly change the name they're using.  If that didn't work, I'd probably chop them in the throat. 

VonIsengard

by VonIsengard on 25 June 2010 - 19:06



JC Carroll, you may want to start doing some rally, tracking, or something! Have you contacted this kennel? Are they aware you registered the name with USA? And it's not snotty at all, I'd be pissed, too. I know there a belgian sheepdog breeder with a similar name as mine and I think a Giant Schnauzer breeder in Europe with the same one, but that doesn't bother me in the slightest. Mine is USA registered too, don't know if it matters now that I can no longer join USA...

From the AKC website:

PLEASE READ THE FOLLOWING REQUIREMENTS CAREFULLY. ALL REQUIREMENTS MUST BE MET AT THE TIME OF APPLICATION FOR THE GRANTING OF A REGISTERED KENNEL NAME. APPLICATION INFORMATION WILL BE VERIFIED THROUGH REVIEW OF AKC RECORDS.

* Have a documented background of involvement/participation in AKC events. You must complete the Event Participation Worksheet listing dogs by AKC name and registration number.
* Be a breeder in good standing with the American Kennel Club with a record of breeding and registering purebred dogs in conformity with AKC registration rules and policies.
* Meet one of the following breeding requirements:
o Bred at least 5 registered litters in the past 5 years;
o Owned stud dogs that have produced at least 40 registered litters in the past 10 years.
o A breeder, who has bred at least one AKC registered litter, may be granted a registered kennel name on a five-year provisional basis. The breeding requirements above must be met during the five-year period to be eligible to renew the registered kennel name.
* May not have an interest in a pet store or dog dealership.

THE FOLLOWING CONDITIONS GOVERN THE GRANTING OF A REGISTERED KENNELNAME:

* A maximum of two Registered Kennel Name owners is allowed.
* The name may be a unique word created by the applicant.
* The name may contain a maximum of two words and a maximum of 15 total characters and spaces.
* The name may not have been used more than incidentally and rarely by other breeders in the naming of dogs in the past 10 years. This will be verified through the AKC registration records.
* Ineligible words would include, but are not limited to, conflict either phonetically or in spelling with: the name of a breed, AKC titles, names of cities, family names, corporations or trade names, names of famous and universally recognized persons, living or dead, or words commonly used in the naming of dogs.
* A kennel name may not contain any derogatory or discriminatory words.


mnm

by mnm on 25 June 2010 - 19:06

Is the other kennel registered with  AKC?  If so, then there is nothing you can do.

If they are not, then find a couple of AKC events and compete in them.  Go ahead and send in your kennel registration application.  As soon as the results have been recorded, then your kennel registration can be processed.

Goodluck!!

Marsha Seck

malndobe

by malndobe on 25 June 2010 - 20:06

A breeder, who has bred at least one AKC registered litter, may be granted a registered kennel name on a five-year provisional basis. The breeding requirements above must be met during the five-year period to be eligible to renew the registered kennel name.


You can request the provisional basis, until you can build a track record of entry in AKC events.  If someone else is using your name, I would suggest getting this paperwork done ASAP, if they do it before you, AKC may give them your name, and then short of going to court you are SOL.

Another option is to talk to any of your puppy buyers who do compete in AKC events, and see if they would be open to putting your name on their dogs as a co-owner, on paper only.  That way if AKC runs a report your name will show up attached to more dogs who are competing in AKC events. 


by Alamance on 25 June 2010 - 20:06

Are you referring to Joe Carroll of San Diego who has had GSDs?

Elkoorr

by Elkoorr on 25 June 2010 - 21:06

Just tried to pull up your website but was unsuccessful?





 


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