Handyman

Who’s going to repair this? San Antonio handyman battles Ace {Hardware} over new enterprise’s identify.

Ace is the place with the helpful hardware folks. Now, it also wants to be known as the place to go for handyman services.

That’s not going over well with a San Antonio businessman who’s been offering home-repair services under the name Ace Handyman Services for 4½ years.

John Allen’s Ace Handyman Services Inc. this week sued Ace Hardware Corp. to stop the retailer from using the name Ace Handyman Services in Bexar and surrounding counties for a new franchise business offering home repairs, maintenance and improvement services.

“We have built a strong reputation for high-quality work and service,” Allen, 50, said Thursday. “If Ace Hardware were to start using the name ‘Ace’ for the same services we provide, it would cause serious confusion for our existing customers and potential customers.”

That would run Allen out of business, his suit adds.

A representative for Ace Hardware, a retailer-owned cooperative based in Oak Brook, Ill., said in an email the company doesn’t comment on pending litigation. The company, with more than 5,300 hardware stores in 70 countries, generated $6.1 billion in revenue last year.

Ace Hardware jumped into the home repair and improvement business in September when it acquired Handyman Matters, a Denver-based franchise that handles homeowners’ to-do lists and larger projects. Handyman Matters had 56 franchisees employing about 250 people in 23 states.

Two of the franchisees operate in the San Antonio area, according to Allen’s lawsuit. They’re also defendants in his complaint.

At the time of the deal, Ace Hardware announced it would change Handyman Matters’ name to Ace Handyman Services — the same name as Allen’s business.

The re-branding was expected to be completed this quarter. San Antonio trademark and patent lawyer Ted Lee, who represents Allen, said he understood the switch takes effect Monday.

Ace Hardware is following in the footsteps of larger competitors in offering home repair and home improvement services.

Home Depot and Lowe’s each use independent contractors to offer a range of home services. In its 2018 annual report, Home Depot attributed an uptick in demand for installation services to shifting demographics, including “baby boomer customers who may have historically been DIY customers but who are now looking for someone to complete a project for them.”

Amazon is tapping into the market, too. The company rolled out a program in 2015 that connects customers with professionals who can put together furniture, install ceiling fans and replace light fixtures. Online marketplaces such as Thumbtack, TaskRabbit and Handy have also developed a following.

On Monday, simultaneously with filing the lawsuit, Allen’s lawyers obtained a temporary restraining order against Ace Hardware and the San Antonio franchisees. They are barred from using the mark Ace Handyman Services in Bexar and seven adjacent counties under an order signed by state District Judge Norma Gonzales in San Antonio.

The judge issued the order “ex parte,” meaning lawyers for Ace Hardware were not present to argue against it. A hearing on a temporary injunction is set for next week.

The suit also seeks unspecified actual and punitive damages.

Lee said use of the word “Ace” in connection with a home repair and improvement business would create an issue locally because of Allen’s use.

“We wouldn’t have the right to prevent anybody from using ‘Ace’ for all kinds of different things,” Lee added. “But when they come into our trade territory, with the same name, for the same services that we’re offering, there’s a problem.”

The lawsuit describes Allen as a disabled veteran. He served in the Marine Corps from 1988 to 1991. He sustained a neck injury during aerial gunner training in a helicopter and subsequently was discharged as a result of the injury, he said. A bulging disk causes nerve issues in his neck and arms, and he routinely suffers migraine headaches, he said.

Allen’s business has one employee and three contractors.

After Ace Hardware acquired Handyman Matters, it filed five trademark applications with the intent to use Ace Handyman Services and other names.

About three weeks ago, the lawsuit says, Allen visited one of the local Handyman Matters franchises. A representative said he had contacted Handyman Matters corporate offices to inform them that an Ace Handyman Services already operated in San Antonio.

The representative was told “not to worry about it. Handyman Matter would handle it,” the suit says.

Allen’s claims in the lawsuit are for common law trademark infringement and unfair competition.

Staff writer Madison Iszler contributed to this report.

Patrick Danner is a San Antonio-based staff writer covering banking and civil courts. Read him on our free site, mySA.com, and on our subscriber site, ExpressNews.com. | pdanner@express-news.net | Twitter: @AlamoPD

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