Agenda Date:                           November 8, 2000 
Item Number:  

Docket:  TV-001539  Petition of Joseph Dean Smith, d/b/a Joe the Mover for  an 
Exemption  from the Provisions of  WAC 480-15-390, What Name May I Use?

Company Name:  Joseph Dean Smith d/b/a Joe the Mover 

Staff:  Bonnie L. Allen, Transportation Program Coordinator

Recommendation:
Staff recommends that the request for an exemption from the provisions of WAC 
480-15-390, What Name May I Use?, filed by Joseph Dean Smith, d/b/a Joe the 
Mover, be denied and that the company not be given permission to use the 
additional trade names of “Stealth Moving” and “Jay and Joe the Mover”.

Background:
On October 6, 2000, Joseph Dean Smith filed his written request for permission 
to use trade names, other than the trade name authorized on his temporary 
household goods permit.  Mr. Smith asks to use the trade names of  “Stealth 
Moving” and “Jay and Joe the Mover” because of established customer bases.  He 
further states that he would like the opportunity to heal any referral and 
repeat customers’ opinions of a renegade outfit.

WAC 480-15-390, What name may I use?, requires a household goods carrier to 
conduct operations under the name shown on its household goods permit and 
further provides that a household goods carrier may not operate under a name 
that is similar to that of another carrier.  Before authorizing use of a trade 
name similar to that of another carrier the Commission must first determine 
that use of the name will not mislead the shipping public, or result in unfair 
or destructive competitive practices.  

Discussion
The Commission granted temporary authority to Joseph Dean Smith, d/b/a Joe the 
Mover.  One of the conditions of that grant of authority is that Mr. Joseph 
Smith must not in anyway use, or employ, or hire as an independent contractor, 
Jason Smith, d/b/a Jay the Mover, until the permanent injunction issued by the 
King County Superior Court against Jason Smith is rescinded or until Jason 
Smith obtains permit authority from the Commission.

The Commission classified Jason Smith, d/b/a Jay the Mover, as a common 
carrier, and ordered him to cease and desist from conducting operations as a 
common carrier unless he first obtained the required authority from the 
Commission.  The King County Superior Court entered a monetary judgment against 
Jason Smith, d/b/a Jay the Mover, ordered him to comply with the Commission’s 
cease and desist order, and issued a permanent injunction against him from 
holding himself out to provide, or providing transportation of property unless 
he first obtained authority from the Commission.

Subsequent to the Commission’s order and the King County Superior Court 
injunction, Jason Smith, individually or with Joseph Smith, held himself out to 
provide household goods moving services under the trade names of  “Stealth 
Moving” and “Jay and Joe the Mover”.  Jason Smith, as an individual, does not 
hold authority issued by the Commission, nor does he hold authority under a 
partnership with Joseph Smith.
 
The names “Stealth Moving” and “Jay and Joe the Mover” are associated with 
Jason Smith and the illegal household goods moving services he offered to the 
public, individually, and with Joseph Smith.  Staff believes that allowing 
Joseph Smith, as a sole proprietor, to use these names in conjunction with his 
operations under a conditional grant of temporary authority, would not be in 
the best interest of the shipping public.  We believe the names would mislead 
and confuse consumers about the identity of the carrier offering and providing 
service.

Staff further believes that allowing Joseph Smith to use these names and 
benefit from recognition that has been gained as a result of Jason Smith’s 
illegal advertising and offering of services in violation of state law, 
Commission rules, Commission order, and a superior court injunction would 
constitute unfair or destructive competitive practices.
 
Conclusion:
In Docket No. TV-001539, staff recommends that the request for an exemption 
from the provisions of WAC 480-15-390, What Name May I Use?, filed by Joseph 
Dean Smith, d/b/a Joe the Mover, be denied and that the company not be given 
permission to use the additional trade names of “Stealth Moving” and “Jay and 
Joe the Mover”.