Which Does More Damage To Your Reputation: A Non-Competitor Using A Similar Name, Or Filing A Lawsuit That Pisses Off Many Potential Clients?

from the simple-calculations dept

Mon, Mar 7th 2011 6:58pm — Mike Masnick

Judith Lindenau points us to the news that a guy named Daniel Rothamel, who is apparently a well-known, well-respected blogger in the real estate world, is facing a questionable trademark infringement lawsuit because he blogs under the name the Real Estate Zebra. The company suing him, the Lones Group, claims to publish a blog and newsletter under the names The Zebra Blog and The Zebra Report. So, they're claiming infringement, because there can apparently be only one zebra in the real estate world. It's worth pointing out here that the Lones Group apparently is not actually in the real estate business itself, but provides marketing services to real estate agents.

Except, as the blog above notes, it seems that plenty of real estate agents know and like Rothamel, and they don't look too kindly on the Lones Group for suing him over what feels like a pretty frivolous complaint. The blog post above goes through a sampling of Twitter statements concerning the Lones Group and basically finds a bunch of real estate agents (remember: these are the people Lones is targeting as customers) bashing them for suing Rothamel. In typical legal fashion, the lawsuit asserts that Rothamel, in using his blog's name, has caused the Lones Group massive damage, but the blog post linked above points out that filing the lawsuit seems likely to have caused a lot more damage in pissing off a whole bunch of its potential customers.

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Filed Under: blogging, daniel rothamel, real estate, trademark, zebra
Companies: lones group

10 Comments

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Ccomp5950 (profile), 7 Mar 2011 @ 7:38pm

This is a simple case of "they rank higher in Google than us, baaaaaaaaaaaah".
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- Ccomp5950 (profile), 7 Mar 2011 @ 7:55pm
  
  Re:
  http://www.thelonesgroup.com/press.asp
  
  has the full text of the lawsuit at...
  
  http://www.thelonesgroup.com/files/Lones_v_Rothamel.pdf
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  - Ccomp5950 (profile), 7 Mar 2011 @ 8:03pm
    
    Re: Re:
    I can't find where they have a trademark registered with the federal government.
    
    http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4010:jgsb4d.1.1
    
    I would find it funny if "The Real Estate Zebra" registred the trademark now and then told them they can shove off, if that would be legal.
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abc gum, 7 Mar 2011 @ 8:08pm

They appear to be animals of different stripes.
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- The eejit (profile), 7 Mar 2011 @ 11:58pm
  
  Re:
  o.o I see what you did thar. -.-
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Kevin (profile), 7 Mar 2011 @ 10:51pm

Rothamel (defendant)
makes offer to (plaintiff)to end lawsuit.

http://www.realestatezebra.com/in-which-i-explain-my-decision-to-retire-the-stripes

I t was a small sub-set of the real estate tech community that was

Lones was bullied by subset.
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- ltlw0lf (profile), 8 Mar 2011 @ 12:21pm
  
  Re:
  I t was a small sub-set of the real estate tech community that was
  
  Lones was bullied by subset.
  
  Not sure how to take this. From everything I read, Lones is the one bullying Rothamel. How you can say that Lones was bullied by anyone relies on facts not in evidence. Denise Lones decided to sue Rothamel without first even contacting him in person.... And over a trademark which may not even be valid in the first place.
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Capitalist Lion Tamer (profile), 8 Mar 2011 @ 3:01am

Suing people is a viable business plan
The RIAA and MPAA have been doing it for years. You don't really need to rely on customers liking you or your product if you can take their money without having to provide them with goods or services.

I think it's called the barter system or something. Like when you exchange your reputation and goodwill for the piggy banks of 8-year-olds.
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Vladimir (profile), 12 Apr 2012 @ 3:14pm

trademark
Yes.It would be really funny if "The Real Estate Zebra" registred the trademark now
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Edward, 5 Jun 2014 @ 12:34pm

Edward
Lawsuit will surely pisses them off.
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