# Trade Dress



## Tommy B (Jan 29, 2015)

So now in Chicago, we have to look like Uber drivers, maybe in West coast this was a good idea, in Chicago, where we have over 8000 Angry Taxi drivers and Limo drivers. I tried more and more to not to look like a Uber driver, it was great i can be on a busy street and no one can spot me as Uber or etc, I like the fact my phone was on my heater vent and no one can't even think i am an Uber driver, but now, i even noticed the police is getting mean to us, as soon as they see Uber sticker, they tell you to move your car and stop here or wait here Uber man!

Maybe the City code did you do this, but I am sure a bar code on the side windows could have been a better idea, so passengers can scan the bar code to know, this is the right Uber car to enter! After all, we only pick up Uber calls only, so why look like one! *So now we have to advertise we are Uber drivers in the whole world?*, i love the idea of being an Uber driver without anyone knowing what i really do for a living. The Uber sticker is so big, I bet anything that's not what City required. This is twice larger than our own city Stickers which all cars must have in Chicago. This is simply a Con by Uber for *FREE Advertising.*


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## DrJeecheroo (Feb 12, 2015)

Wear an Armani suit. That'll scare away all the nickel and dime pax.


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## Casandria (Dec 20, 2014)

It's funny you mention this. I had one of last pax ask why I didn't have an Uber sticker. He said he didn't realize it was me because every other city he's taken Uber they always have one. Here in Texas, I don't think any city has one. I agree with you, though, I wouldn't want one either. It's bad enough when cab drivers realize you're an Uber driver without any additional help from a "neon" sign.


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## Lidman (Nov 13, 2014)

I think uber should have something similar to what lyft used. If taxis and delivery cars /van have to wear a sign, why should uber cars be any different?


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## Casandria (Dec 20, 2014)

If we weren't at imminent risk of being abused by taxi drivers, then I would totally agree, but I know how much ire I've face here without a sign and can only imagine how much worse it would be.


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## Tommy B (Jan 29, 2015)

Well, it's not just Cab drivers, Valet parkers and Cops, at least without stickers i looked like someone who's picking my wife from work, so i was able to park in front of restaurants and office buildings, so Cops and Valet guys left us alone. But last week i did see few Ubers were ask to move by cops.


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## Casandria (Dec 20, 2014)

Right, but if you're dropping off with pax only in the back or as soon as the pax get into the back, you're blown.


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## Tommy B (Jan 29, 2015)

True, but also u are gone by than.


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## Casandria (Dec 20, 2014)

I'm not sure what kind of car you have or how often you pick up at the same places, etc, but people start to recognize Uber cars that come on a regular basis.


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## Tommy B (Jan 29, 2015)

Mine is 2015 Avalon Blue color and my phone is not showing on the dash nor windshield, so %99 no way anyone can believe I am Ubering. In fact, my next thing is to get my rear windows tinted so it will be hard to see if you have someone sitting in the rear, not too dark just slight tint, enough to add a little accent to the car. But this huge Dress code, is bigger than City stickers and Limo Stickers, it's Huge, more again Uber wants to advertise their cars. No wonder they call it Dress code lol


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## Rubyson&sme (Dec 1, 2014)

Tommy B, Just wanted to point out a few things, some glaring others not so obvious.

1. The Trade Dress (Ride Share identifier) has not come to Arizona as far as I know, yet. But even if it has it only applies to the Commercial Insurance/Commercial License/Weights and Measuresments/placarded guys for Ubes and Lyft. It still hasn't been officially defined or interpreted by Arizona state law yet.

2. As an independent contractor, the contracting company cannot dictate to you that you wear a uniform or that you dress in company attire that they ask you to wear, or worse, ask you to pay for and wear. http://san-diego-labor-employment-lawyer.com/misclassification-as-an-independent-contractor/ If they do try to dictate attire, you are not an IC you are an employee. http://legal-dictionary.thefreedictionary.com/Independent+Contractor This is the older 20 factor test, but, I believe that most the elements still apply for the IRS. It is one of the primary tests in the IC vs employee argument.

3. If any company wants me to put their signage on my car, they will have to pay me a monthly fee of some type. And it must be removable, if you are still using the vehicle as a personal vehicle. And if you have your personal insurance policy covering that vehicle in your, none work, off hours you cannot have permanent signage on it. Otherwise how could you use it for your personal use while providing free advertising and presenting it as a business vehicle? I'm stating this based on my experience as a Commercial courier and being paid a monthly fee for signage on my vehicle. What if someone had a grudge against the business you worked for and damaged your vehicle because of seeing the signage on it while you were at the movies, with your spouse? Would your personal insurance or the commercial business policy apply? By the way, only you or another authorized driver or a paying passenger can be in your vehicle (if it is a for hire ride) while it has business signage on it under most commercial insurance policies, I'm pretty certain/believe (I'm winging it on this one, but I'm sure I'm right). If permanent signage is put on your vehicle, as in it is painted or has permanent decals applied, that would be interpreted as an owning. I don't have case law from my courier days, but here is a FLSA court case response that I think addresses it. http://www.outtengolden.com/sites/d...n_of_employees_as_independent_contractors.pdf Permanent signage is an owning or it could be interpreted as being an owning of the vehicle by the company. I remember this being a big issue in the early days of the FedEx driver's lawsuit fight (which was related to my courier work).

4. And lastly, If this an issue with Uber, you need to discuss it on a different part of this site. This is the Lyft thread and should pertain to issues related directly to Lyft. If it is related to Lyft, and not Uber, please post up the notice you got from them about this request to change your attire. If it was just pertaining to the Trade Dress, I'll wait for them to pass the Arizona law 1st. I'd love to read that about the attire, its got to be a hoot!
In Arizona we cannot display anything in or on our vehicles that identify us as Lyft or Uber, because the law has not been passed by the legislature yet here in Arizona. Our Governor, *Governor Dougie*, Doug Ducey has suspended enforcement of the weights and measurement laws towards ride share until the law has been passed to clearly define ride share and TNCs here. And I'm not putting anything on my car till I have clear understanding of the laws and the protections under the legislation. After that I'll do whatever is called for. It is an excellent topic for discussion, I just hope the right people see it. Thanks Rube....Up Up and Lyft Away!


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## Fuzzyelvis (Dec 7, 2014)

Casandria said:


> It's funny you mention this. I had one of last pax ask why I didn't have an Uber sticker. He said he didn't realize it was me because every other city he's taken Uber they always have one. Here in Texas, I don't think any city has one. I agree with you, though, I wouldn't want one either. It's bad enough when cab drivers realize you're an Uber driver without any additional help from a "neon" sign.


If you don't gave one as well as the city permit sticker you're illegal in Houston (where we CAN operate legally after being licensed and permitted unlike many towns).


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## Tommy B (Jan 29, 2015)

All livery cars must have an Insurance sticker which is required by law in Illinois. But this sticker is nothing near like that, so I know for sure, this is not something State of IL required, but Uber have decided to do. If the City or State requires, it will be issued with them and charge us to buy it and use it. They always say, nothing is free for a reason!


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