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At the same time that Portland architecture and engineering firm Mackenzie gained its new name, Hilary Mackenzie’s small residential architecture firm, Mackenzie Architecture Inc., began receiving fewer calls from prospective clients.

A rebranding effort in late 2013 wherein the larger firm, which was founded by Hilary Mackenzie’s father, Tom Mackenzie (he has since retired), changed its name from Group Mackenzie to Mackenzie immediately caused confusion for people seeking the services of Portland-based Mackenzie Architecture, Hilary Mackenzie said.

鈥淚t just sucked the life out of my business,鈥� she said.

Before Mackenzie dropped the word 鈥淕roup,鈥� the names of the two firms were distinct enough that it was less common for people to mistake one for the other, Hilary Mackenzie said. Now, the first hit in a web search for 鈥淢ackenzie Architecture鈥� is not her business. Instead, searchers find Mackenzie’s website.

鈥淏asically, my phone quit ringing for three months,鈥� she said. 鈥淚 decided I had to do something.鈥�

Hilary Mackenzie last summer filed a lawsuit in federal court against Mackenzie for trademark infringement and unfair competition, but has since dropped it after running out of money to pay her lawyer. Following an unsuccessful bid to convince Mackenzie outside of court to revert to calling itself Group Mackenzie, she’s planning to distinguish her business by changing the Mackenzie Architecture name.

In November, Hilary Mackenzie legally changed her full name to Hilary Sundeleaf Mackenzie in honor of her maternal grandfather, late Portland architect Richard Sundeleaf. Taking on her mother’s maiden name corresponds to plans to rename this spring the one-woman firm she founded in 1984. She will likely call it Sundeleaf Mackenzie Architecture Inc.

鈥淚’ll probably keep Mackenzie in (the new name) because I’ve been doing this for 30 years and that’s how people know me,鈥� she said.

Matthew Wilmot, the Schwabe, Williamson & Wyatt lawyer representing Mackenzie, declined to discuss the case, but issued a written statement on behalf of Mackenzie managing principal Rich Mitchell stating that the firm is pleased that Hilary Mackenzie dismissed her lawsuit.

鈥淥ur firm has used the Mackenzie mark since 1968, and believes it’s well within its right to use the Mackenzie mark in the present day,鈥� Mitchell said.

Hilary Mackenzie said she has no regrets about pursuing legal action against Mackenzie over the impact of the larger firm’s name change on her business, but knew it was time to move on. She noted that legal fees for trademark infringement lawsuits average around $150,000.

鈥淔or one person, it’s prohibitive,鈥� Hilary Mackenzie said. 鈥淚 decided I needed to go forward. I tried. I wanted to try.鈥�

Her lawsuit asked that Mackenzie return to using its former name and sought monetary damages from the larger firm. But she admitted that the chances of the case reaching court were slim.

鈥淭rademark lawsuits 鈥� they’re fabulously expensive to pursue,鈥� Hilary Mackenzie said. 鈥淲hat you win if you win is the right of the name. It’s where the big boys play. It’s all about gaining those rights and you rarely get monetary damages.鈥�

Mostly, she said she’s disappointed with how the larger firm handled her concerns by barely responding to initial phone calls and letters before the lawsuit was filed and then indicating it would defend its name in a costly legal battle.

鈥淚 frankly thought they were better than that,鈥� Hilary Mackenzie said. 鈥淭hat had always been the problem that they could always outspend me, but I was hoping they were willing to talk about it.聽 I didn’t think it was unreasonable.鈥�

She said she’s also baffled why Mackenzie officials appear to have no concern about the confusion the firm name change has caused. After the larger firm rebranded, the volume of calls and mail her firm received intended for Mackenzie staffers surged. She said she still receives several calls a week and mail intended for Mackenzie. Her lawsuit claimed that when Mackenzie staffers received calls seeking the services of Mackenzie Architecture, they transferred those inquires to the larger firm’s architecture department.

鈥淚t’s unprofessional and it goes against the standards of architects because you’re never supposed to take work from other architects,鈥� Hilary Mackenzie said.

In an August 2014 letter to Hilary Mackenzie’s lawyer, Kevin Hayes of Klarquist Sparkman, Wilmot said Mackenzie exclusively provides commercial architectural services while Mackenzie Architecture strictly provides residential services, so it’s unlikely for clients to mix up the two, he said.

鈥淢y client does not receive inquiries from any such 鈥榗onfused’ prospective clients as there is no confusion in the marketplace,鈥� Wilmot wrote.

He added that Mackenzie would only consider a dispute resolution that did not involve changing the firm’s name. In bold type face he wrote, 鈥淢ackenzie has no intention of changing its name and any demands that it do so will be objected outright.鈥�

Publicity surrounding the Mackenzie Architecture trademark infringement lawsuit against Mackenzie has informed potential clients that the two Portland firms are independent businesses, Hilary Mackenzie said.

鈥淔iling the lawsuit helped a lot,鈥� she said. 鈥淚t did distinguish. People were looking for which Mackenzie they wanted as opposed to thinking they were the same.鈥�

When Hilary Mackenzie filed the lawsuit, she wasn’t willing to change the Mackenzie Architecture name. But she’s now pleased that her firm’s new name will recognize her grandfather who she interned for at the beginning of her career. Sundeleaf, who died in 1987, was a well-regarded Portland-area architect who helped Hilary Mackenzie’s father get established as an engineer in Portland by referring clients to him, she said.

鈥淚 think I’m going to like my new firm name,鈥� Hilary Mackenzie said. 鈥淚 have a nice architectural pedigree.鈥�