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By Paul Seaburn |
 ou’ve heard the story of the mysterious Great Pumpkin that rises from the pumpkin patch on Halloween. Two young pumpkin farmers have recently seen something a little more frightening floating above their crops - legal problems. Their stories offer valuable information for entrepreneurs in all fields, not just ones filled with pumpkins.
Tim’s Orange Thumb 
Sixteen-year-old Tim Thorpe of LaFayette, NY started calling his three-acre pumpkin patch Tim's Pumpkin Patch when he was 11. Tim began growing pumpkins in the family garden the year before in a friendly competition with his two older sisters. He won the contest and started a farm with a loan from his parents. This season Tim and his orange thumb sold around 4,000 pumpkins at his roadside stand for $1 to $5 each. He banks most of his profits for college, reinvests some back into the farm, and spends the rest on hobbies.
"I grow Connecticut Field Pumpkins," Tim says. "They have a good shape and resist bugs and bruises because of their thick skin." Working with those pumpkins probably helped Tim develop the thick skin he needed to deal with a nearby adult competitor who also calls his farm Tim’s Pumpkin Patch. Recently, the other farmer, who is located 15 miles away, challenged Tim’s right to use the name Tim’s Pumpkin Patch.
A Battle of Names
The reality is that both farms have had the same name for years, since both pumpkin farmers are named Tim. However, a few months ago the older Tim obtained a business certificate and filed a trademark on the name, two things Tim Thorpe did not do.
"I got worried about having legal problems," shares the younger Tim, "so I painted over my name on all my signs along the road." Then, when his customers became confused, he repainted all 10 signs to read Tim's Big Pumpkin Patch. That upset the other farmer even more, since young Tim’s pumpkin patch is only 3.5 acres and the older Tim’s patch is 45 acres.
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Tim Thorpe's legal problems forced him to change the name of his pumpkin patch
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To protect himself, Tim Thorpe is now applying for a business certificate of his own, either as Tim's Big Pumpkin Patch or Ticarmick's Pumpkin Patch, which is a variation on the name of his parents' farm. "If I had to do it over again, I would have applied for my business certificate when I first started the farm," Tim reflects.
 
Big Orange Produce
Matt has a bigger farm than Tim Thorpe, but that hasn’t helped him avoid a similar name problem.
Like Tim, Matt grew up on a farm. In the eighth grade, Matt used his own money to buy seed and fertilizer to plant a field of okra, zucchini squash, and pumpkins. Within two years, Matt's farm did well enough to win him a National Agri-Entrepreneur Award from FFA and a $1,000 prize from the Kauffman Center for Entrepreneurial Leadership.
Because of school and duties as a state FFA officer, two years ago Matt began growing pumpkins exclusively. This year Matt planted 40 acres and produced about 20,000 pumpkins which he sold wholesale for $2 each. It's easy to see that a love of citrus juice is definitely not the reason Matt decided to call his business Big Orange Produce.
Blue Ribbon Quality
Rather than selling pumpkins directly to consumers like Tim, Matt sells his pumpkins to wholesalers and distributors. Two of his biggest customers are Wal-Mart® and Piggly Wiggly, a regional grocery chain. It was one of his buyers who recently pointed out to Matt that another company had been using the name Big Orange Produce for 10 years.
"I didn't want anyone to be confused about who I was or think I was trying to copy another business," says Matt, so he immediately decided to change his name. He chose the name Blue Ribbon Produce because it symbolizes quality. When he felt sure no one else was using this name, he printed new business cards, order sheets, and signs, and changed the name on his bank account.
Unfortunately, Matt has not (yet) felt the need to register his new business name legally. Sounds like he definitely needs to talk to Tim Thorpe!
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