Old Home Depot fixes trademark woe

Lawrence firm opts to change name, not fight suit

Mark Lehmann’s remodeling business won’t be confused with The Home Depot anymore.

His business, formerly known as Old Home Depot, is operating under a new name: Old Home Store.

The shift complies with a tentative settlement Lehmann reached with the Atlanta-based company, which had argued in federal court that the seven-employee business operating out of a former truck depot in Lawrence was being confused with the retail juggernaut that employs 300,000 people in more than 1,700 stores in the United States, Canada and Mexico.

“There’s nothing I can do,” Lehmann said this week. “They’re too big a company to fight.”

Homer TLC, a Home Depot subsidiary that manages the company’s copyright, filed suit in March, accusing him of trademark infringement, unfair competition and dilution. The suit also alleged “cybersquatting,” a charge connected to Lehmann’s use of an “oldhomedepot” Web site.

“Consumers are likely to believe, erroneously, that (Old Home Depot’s) goods and services, if any, are affiliated or connected with goods and services offered under plaintiff’s Home Depot” trademarks, the company said, in legal filings.

Ashley Callahan, Home Depot’s lead attorney in the suit, declined to comment Friday, noting that the settlement had not yet become official.

But now that the Old Home Depot has started the new year with a new name — and new signs, new invoices, new business cards and new everything else that goes with it — Lehmann figures he can put months of bickering, legal wrangling and belabored mediation behind him.

Lehmann had been using the Old Home Depot name since 1998, when he moved his L&S Sales & Service business into a former truck depot at 1045 Pa. The new name made sense at the time, he said, because the company worked on old homes.

Old Home Store, 1045 Pa., has new signs to reflect its name change from Old Home Depot.

He’s hoping that dropping “depot” from the name won’t lead to a loss in business, although he’s already spent “several thousand dollars” to make the change official.

“It’s all insane to me, really,” Lehmann said. “I don’t know why anyone would commit that much time and effort to come after us, and spend this much time doing it.”