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Someone is stealing from me.


Search Engine Optimization and Website Design Discussions.

Need a lawn care business website built? Talk about search engine optimization. Or ask your lawn care and landscaping business web building related questions here. Show us your landscaping business web site for review.
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  #11  
Old 03-19-2011, 11:33 AM
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The Cleaning Doctor The Cleaning Doctor is offline
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You all are assuming the idea was taken.

1. you stated someone was copying your web site. Nothing is copied other than the name of the company.

2. Both sites are around the same age and the exact age is unable to be determined. So they went up around the same time.

3. It is entirely possible that 2 people came up with the same idea.

4. Why did you get the domain with an "s" instead of the singular? Was the singular gone or was that your intention?

You all are crucifying someone without all the facts. After I came up with the name for my company, I found others with a similar name and I had never seen them before. I am not defending this person at all because it does look like he took the name but then again you may not like it, there is nothing illegal about it.

Here are somethings you can do to prevent this.

1. Form a corporation. - This will prevent any other business from opening in your state with the same name or do business as with the same name. This does not prevent someone in another state from opening a business there in the other state with the same name.

2. File a Trademark - copyright isn't worth squat, you need a trademark. That is why you have coke and pepsi as the names are trademarked. With this you can shutdown anyone anywhere in the united states. Trademark needs to be federal.

3. buy up all the domains that are similar to you. .net .co .biz, plurals and singulars of your name to keep the web space yours. Otherwise it is fair game, that is unless you have the trademark.

4. Don't lose sleep over it and move on.
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  #12  
Old 03-19-2011, 11:46 AM
TheGoat TheGoat is offline
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Quote:
Originally Posted by The Cleaning Doctor View Post
You all are assuming the idea was taken.

1. you stated someone was copying your web site. Nothing is copied other than the name of the company.

2. Both sites are around the same age and the exact age is unable to be determined. So they went up around the same time.

3. It is entirely possible that 2 people came up with the same idea.

4. Why did you get the domain with an "s" instead of the singular? Was the singular gone or was that your intention?

You all are crucifying someone without all the facts. After I came up with the name for my company, I found others with a similar name and I had never seen them before. I am not defending this person at all because it does look like he took the name but then again you may not like it, there is nothing illegal about it.

Here are somethings you can do to prevent this.

1. Form a corporation. - This will prevent any other business from opening in your state with the same name or do business as with the same name. This does not prevent someone in another state from opening a business there in the other state with the same name.

2. File a Trademark - copyright isn't worth squat, you need a trademark. That is why you have coke and pepsi as the names are trademarked. With this you can shutdown anyone anywhere in the united states. Trademark needs to be federal.

3. buy up all the domains that are similar to you. .net .co .biz, plurals and singulars of your name to keep the web space yours. Otherwise it is fair game, that is unless you have the trademark.

4. Don't lose sleep over it and move on.

A whois domain search clearly shows my website registered in october while his was registered 9 days ago.

In the period prior to his domain registration, I have visits to my website from the area he is operating in.

my site: "With a variety of offerings, such as lawn mowing, hedge establishment, hedge trimming, dethatching, sod installation, tree pruning, overseeding and mulching, we're sure you'll be happy working with Hungry Goat Lawn Service. Look around our website, and if you have any comments or questions, please feel free to contact us.


His site: "With a variety of services to choose from, we're sure you'll be happy working with us. Look around our website and if you have any comments or questions, please feel free to contact us.

From where I sit, a single word change and some omissions are not enough to qualify as original content.

I know my business name was original.

I googled the name and derivations of it for weeks before, and constantly since, my site went live.

I realize there's probably not much I can do about it, but it is infuriating to have my creative work stolen.


Thieves are the lowest form of life on the planet.
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  #13  
Old 03-19-2011, 01:49 PM
Dean Hipps Dean Hipps is offline
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If someone had taken my name and formed it into their company. At first I would have been upset as well. But also remember that if he copied your name, that you have a good idea. I would honestly be flattered.
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  #14  
Old 03-19-2011, 03:14 PM
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Quote:
Originally Posted by TheGoat View Post
A whois domain search clearly shows my website registered in october while his was registered 9 days ago.

In the period prior to his domain registration, I have visits to my website from the area he is operating in.

my site: "With a variety of offerings, such as lawn mowing, hedge establishment, hedge trimming, dethatching, sod installation, tree pruning, overseeding and mulching, we're sure you'll be happy working with Hungry Goat Lawn Service. Look around our website, and if you have any comments or questions, please feel free to contact us.


His site: "With a variety of services to choose from, we're sure you'll be happy working with us. Look around our website and if you have any comments or questions, please feel free to contact us.

From where I sit, a single word change and some omissions are not enough to qualify as original content.

I know my business name was original.

I googled the name and derivations of it for weeks before, and constantly since, my site went live.

I realize there's probably not much I can do about it, but it is infuriating to have my creative work stolen.


Thieves are the lowest form of life on the planet.
So there is a paragraph with absolutely no relevant content what so ever.

Here is what I want you to do, you think that this is original content? Google those 2 sentences completely and see what you find. Did you copy it from them, you must have and just added the words. You will find SEVERAL sites with the exact wording that this person has on theirs. Don't rely on my word do a cut and paste into the Google search.

I started my search from the word "sure" and all the way to "contact us"

I found the exact wording on

dexknows.com
countertek.com
hotfrog.com
www.tanyasteele.vpweb.com
superpages.com
cakebliss.com.au

Every one of these sites had that EXACT same wording and some of them had both sentences in their entirety.

I understand you being angry but you don't even know this person. How do you know that they have not been in business since 1985 and are just now putting up a web site?

You can't direct your anger at this person without all the facts. Your energy is being wasted on that anger. Turn it to something more productive.

It is your own fault for not getting a trademark registered to protect your brand. I could go out tomorrow and register that name in all the other states and you could not do business there in that name. Yet if you were to register a trademark then you could force me to stop even though I registered a business name.

If he was to register a trademark, he could force you to stop. It is all about who registers first. Not knowing about this is no excuse with the courts. Just like when you tell the officer that you didn't know the speed limit.

The web is both good and bad. If it were not for the internet, you would not even know that this person existed.

I hope that you can see the point that I am making. I think it is suspicious also but all that I can see is the same name. Unless you plan on franchising, who really cares?
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  #15  
Old 03-19-2011, 06:43 PM
TheGoat TheGoat is offline
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Quote:
Originally Posted by The Cleaning Doctor View Post
So there is a paragraph with absolutely no relevant content what so ever.

Here is what I want you to do, you think that this is original content? Google those 2 sentences completely and see what you find. Did you copy it from them, you must have and just added the words. You will find SEVERAL sites with the exact wording that this person has on theirs. Don't rely on my word do a cut and paste into the Google search.

I started my search from the word "sure" and all the way to "contact us"

I found the exact wording on

dexknows.com
countertek.com
hotfrog.com
www.tanyasteele.vpweb.com
superpages.com
cakebliss.com.au

Every one of these sites had that EXACT same wording and some of them had both sentences in their entirety.

I understand you being angry but you don't even know this person. How do you know that they have not been in business since 1985 and are just now putting up a web site?

You can't direct your anger at this person without all the facts. Your energy is being wasted on that anger. Turn it to something more productive.

It is your own fault for not getting a trademark registered to protect your brand. I could go out tomorrow and register that name in all the other states and you could not do business there in that name. Yet if you were to register a trademark then you could force me to stop even though I registered a business name.

If he was to register a trademark, he could force you to stop. It is all about who registers first. Not knowing about this is no excuse with the courts. Just like when you tell the officer that you didn't know the speed limit.

The web is both good and bad. If it were not for the internet, you would not even know that this person existed.

I hope that you can see the point that I am making. I think it is suspicious also but all that I can see is the same name. Unless you plan on franchising, who really cares?

Point taken.

I filed for the servicemark last night, ($375!!!!)

As soon as that clears, this guy and vistaprint will be getting a C&D letter.
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  #16  
Old 03-20-2011, 12:14 AM
Hedgemaster Hedgemaster is offline
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As has been mentioned, if you're a sole proprietorship, another guy on the same street operating as a sole proprietorship can register the exact same name as you. (at least in PA)
I found that the only way to have an "exclusive" name (in this state) was if I were a "company". (LLC, S-Corp, etc)

When I created my name, I located two businesses with the same "first part" (Oak Leaf), but with different "endings" (Lawn Care/Service or Landscaping or Property Management). They were also sole proprietorships and since they were located on the other end of the state, and my exact name was not already taken by an LLC, I went with it. (assuming if I went the route of LLC in the future, I could keep my current name - provided another LLC didn't take it first)
My name is Oak Leaf Lawn Service.

THEN... just yesterday, I see a guy with a shirt that says "Oak Leaf Landscaping" and the phone number indicated he was relatively local. WTF?
Nothing at all comes up locally on the state listing of registered business names. All of the ones that are somewhat close to my name are several hundred miles from me, yet here's a guy looking like he's with an established company with nearly the same name as me through no fault of my own.

Hey. I'm not changing it. I did the research - the state approved it - it's registered - done.



As far as the name, and being in different states, I say unless you plan on going big with your operation - I mean REALLY big, it's no big deal.
As for the questionable website similarities, I'd be pissed too. I'm an artist and I get REALLY bothered when someone claims something I did as their own.

Hope he didn't steal your line about eating the flowers!
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  #17  
Old 03-26-2011, 09:19 AM
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my thought would be do a google search on hungry goats and see how many people have that name hell while your @ it look up J's lawn care there is about 200 company's with that name what makes me stand out from the other 199 company's with that name is that i own this 1 there isn't much you can do but have it copyrighted i tried that with my tattoo shops name it cost a fortune !!!!!!!!!!1 wont do it again
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  #18  
Old 03-26-2011, 11:29 AM
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Quote:
Originally Posted by boog View Post
there isn't much you can do but have it copyrighted i tried that with my tattoo shops name it cost a fortune !!!!!!!!!!1 wont do it again
Copyright will do absolutely no good. As a matter of fact you would probably be turned down.

For names and such, you need to use either the trademark or servicemark which ever one fits your situation the best. I like using legal zoom for deciding which on fits the situation
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Old 03-26-2011, 09:59 PM
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Why worry about it? He's in a different state. If he were in the same county, I'd worry. Worry about doing a good job, not him. A good friend of mine has the same visita print card. Cheesey.
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  #20  
Old 03-27-2011, 10:02 AM
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Quote:
Originally Posted by jsslawncare View Post
Why worry about it? He's in a different state. If he were in the same county, I'd worry. Worry about doing a good job, not him. A good friend of mine has the same visita print card. Cheesey.
I worry about it because I don't want to just own a job, I want to own a business.
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