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TSM
07-10-2004, 06:06 PM
I have been participating on this site for a relatively short time. I have kept my identity private because…well just because.
Some time ago, I don’t remember how long ago but one could do a search to find out, I posted on this site the experience I had with a certain marketing company. The company that leases out an 800 phone number. The comments I made about my experience with this company were all true and my personal opinions I stated about this remain the same….well actually I have even less of an opinion of them now.
In this mornings mail I received a cease and desist order from their attorney. They are ordering me to cease making “defamatory statements in any forum”
I have made comment on this forum of other companies. Most recently Mosquito Barrier, an excellent product I highly recommend. Perma Green, you either love them or hate them, lol, some days I love them some I hate them. Lesco, hate them. Real Green (the software) I have recommended several times, one could do a search to find out how many times I have highly recommended real green (software), I choose now to remain silent concerning real green, if anyone ask for a recommendation, i say nothing

I suppose it is easy, if one has computer savvy, to find out the identity of anyone on the internet. This letter was addressed to me and my company and mailed to our PO Box.

This marketing company also insist that I cease and desist from using their images on our web site (I actually thank them publicly here for reminding me, i have a file of much better) they say I have downloaded these images without their permission. It was their sales rep who sat at MY DESK ON MY COMPUTER and encouraged me to use those images. To be honest I was perfectly happy with pictures on my site of real customer properties and real employees, I really don’t know why I let someone persuade me to do differently.

I guess to moral of this story….if you cant take the heat, stay the out of the kitchen!!

Knowing that this could easily happen to anyone by any vendor I have decided to drop my drawers and say they can all kiss my beehind
See ya

LwnmwrMan22
07-10-2004, 06:24 PM
TSM -

My rep at Lesco one time asked me if I was LwnmwrMan22, someone from "higher up" asked him about a comment that "LwnmwrMan22" had made.

:D

Green Dreams
07-10-2004, 06:30 PM
I guess freedom of speech just doesn't matter anymore. I know that the 1-800-whatever I looked into provided a very poor value. Nothing personal, just a poor value.

If you are so offended by the reviews of your product, clean your own house first. One reason I appreciate this board is the feedback...good or bad.

If I am the webmaster and this company is not a sponsor, I ain't happy. That is my opinion. The only fact here is I'll never be a customer of theirs now.....


I'm with ya man.....

KY GRASSLANDS
07-10-2004, 06:42 PM
TMS, You don't think you put them out of business do ya? Look the way i see it we bash all the bigger companies from time to time, its just opinions and nothing else. But when a small company lets say 1800 lawncare gets a little criticism they might take the time to get there attoney involved and send a letter, because they dont have anything better to do. Do you think if they were busy signing people up on that ridicous program they have they would have the time to still send letters out for peoples opinions? Does Tru green do this also?

2 man crew
07-11-2004, 10:45 AM
Originally posted by KY GRASSLANDS
Do you think if they were busy signing people up on that ridicous program they have they would have the time to still send letters out for peoples opinions? Does Tru green do this also?

If T.G. did we would have a nation wide paper shortage.

lawnjockey51
07-11-2004, 11:34 AM
A cease and desist "order" comes from a judge ... when it comes from an attorney ... it's a request, or should I say ... a threat.

TSM
07-11-2004, 02:50 PM
i take it as a request at this point, because the letter was not sent registered mail.

I do reget naming names in my original post that got their shorts all bunched up.

After rereading that original post...yes, i was wrong to mention names specific to that company. Stating my experience with them and opinion of them i have no reget.

They threaten to sue for:
1) breach of contract---rediculous since they called me to say they will 'let me out' of the contract...all i did was make a threat to not pay
2) copyright infrigement---they encouraged me to use their photos from the web site they provide for their members to down load....fact is i dont visit our website and i forgot those pictures were there...they'll be removed ASAP, we got plenty of 'real life pictures' of actuall customers and their property and employees...all of which we have permission to publish

3)conversion....got me? I dont know what that is???

4) defamation- --ok because i named names and stated my opinions maybe they have me on that...but doubtfully

5)interferance with contract relations--- give me a break

a simple phone call or even an email would have been a better way to handle this situation. I, like most males, have an ego and dont like being threatened by attorneys.
they could have saved the energy it takes to call their corparate attorney and sent me an email

but whatever

I will never mention them again...they aint worth talkin about
I will replace the photos on our website

life goes on, I dont sweat the small stuff

Since this message board was specificly mentioned in the letter i recieved ....since they were able to find out my true identity and company name/address and website address all through this message board.....well.....
never mind...no comment

Pilgrims' Pride
07-11-2004, 06:06 PM
TSM,

I badgered you for your identity not to long ago.
I see now why you want to be as anonymous as possible.
Sorry buddy.

By the way......................to the company who is pi**ed at you,
I've heard the same from other people.
Maybe that company needs to spend more time getting it right and a little less chasing down guys who are doing us a favor.

Ric
07-11-2004, 07:53 PM
TSM

Welcome to the Club. I too received a C & D from a National Corporation about My company name being close to theirs. I told them about a place were the sun doesn't shine. I am now in a federal court Law suit. I am in a Lose - Lose situation now, even if I win I lose.

Today the Law is not about JUSTICE or O J would be in jail. It is about who has the most money. Yes Big Brother is watching and the internet makes it easier than ever. Orson Wells wrote "1984" in 1948 and it is now 2004.

TSM
07-11-2004, 08:02 PM
Originally posted by Ric
TSM

Welcome to the Club. I too received a C & D from a National Corporation about My company name being close to theirs. I told them about a place were the sun doesn't shine. I am now in a federal court Law suit. I am in a Lose - Lose situation now, even if I win I lose.

Today the Law is not about JUSTICE or O J would be in jail. It is about who has the most money. Yes Big Brother is watching and the internet makes it easier than ever. Orson Wells wrote "1984" in 1948 and it is now 2004.

Ric, yeah i remember reading your post some time back, may have been on another forum, concering your legal woes with.. LD i think it was?

and your correct about justice also correct on how the WWW makes things so much easier for big brother to keep an eye out for whatever HE considers injustice!:confused:

morturf
07-11-2004, 11:40 PM
Hey Ric,
Not bustin your hump...but George Orwell wrote 1984. Have to make sure the internet is distributing the right info. :D

Ric
07-12-2004, 12:18 AM
Originally posted by morturf
Hey Ric,
Not bustin your hump...but George Orwell wrote 1984. Have to make sure the internet is distributing the right info. :D


Oops I knew someone wrote it. Do I get any credit for knowing the name of the book??:D

Tscape
07-12-2004, 07:28 AM
I am shopping for software. Check them off my list.

TSM
07-12-2004, 08:28 AM
Originally posted by Ric
Oops I knew someone wrote it. Do I get any credit for knowing the name of the book??:D

LOL, had me fooled, i knew I recognized the name Orson Wells...of course now that i think about it he is (or was, is he still alive?) an actor

anyway Orson Wells/ George Orwell...yeah thats pretty darn close? :)

hamsey
07-12-2004, 09:44 AM
If you think big brother is watching now, just wait for the next OS from Microsoft and processors from Intel.:mad: Both are working with Big brother. If you have adobe photoshop try working on a scanned image of any US currency check out the warnings. I have not personally tried this but have read about it in another forum and adobe verified that the federal reserve has added code to their software to battle counterfeiting. You will have more privacy offline than online. It's coming!

Norm

Ric
07-12-2004, 09:50 AM
Originally posted by TSM
LOL, had me fooled, i knew I recognized the name Orson Wells...of course now that i think about it he is (or was, is he still alive?) an actor

anyway Orson Wells/ George Orwell...yeah thats pretty darn close? :)


Orson Wells an actor is now dead but is famous for 'Citizen Kane" movie and "War of the Worlds" radio satire that had people believing we were invaded by Martians.

George Orwell also dead now, wrote many books of which "1984" and "Animal Farm" are the most well known.

Oh well I will chalk this Boo Boo up to Old age and the lack of Starting ones brain before engaging the typing fingers.

Green Dreams
07-12-2004, 10:02 AM
Ric...I'd like to hear more about who harassed you. PM it tome if you don't mind. I'm learning...

As for software, I am just getting started and can't say, "this is the greatest software ever" but there are some good folks at Turftree.com that have gone out of their way for me. That, I can testify to...

Ric
07-12-2004, 11:14 AM
Originally posted by Green Dreams
Ric...I'd like to hear more about who harassed you. PM it tome if you don't mind. I'm learning...

As for software, I am just getting started and can't say, "this is the greatest software ever" but there are some good folks at Turftree.com that have gone out of their way for me. That, I can testify to...


Green Dream

Lawn Doctor is suing me for name infringement and confusion in the market place. I do Business as "Yard Doctor Landscaping" I only state the facts here and mean nothing that can be considered slanderous to Lawn Doctor. I have found 15 other companies that use the name Yard Doctor and about the same that use the name Turf Doctor. There are also Landscape Doctors Etc.

Now regardless what you or other might think about this. Federal Trademark Law is a very specialized area of Law. Not many Lawyers deal in it. Those Lawyer that do deal with Trademark law are very expensive to the common man. Federal Court was not designed for Pro Se defendants. I am going to a gun fight with a nail file. I believe I have as much right to my company name as they do to their company name and that there is a noticeable difference in the name and services offered. I feel my company name is well know in my market area and they would benefit greatly by removing my competition from this market. They are also seeking damages as well as Legal fees. I am in a lose lose situation, even if I win I lose. My ideals may send me the way of the wind. I have never backed down from a fight when I believed I was right and will not start now.

Now what I am going to say is about Corporate America in general. The Small businessman is a endangered species. Corporations have Exported our Industry and even our technology. We are now a service company economy. Even the lowly Grass cutter is in danger of being extinct. Lawyer are a greed bunch in general and have ice water in their veins.

Now the big question is. What ever happened to the Ideals That our Founding Fathers set forth upon this Land???

BTW I posted this on LS about two years ago when it all started. Win, lose or Draw I will post the Out Come if able.

Green Dreams
07-12-2004, 12:33 PM
Dang....I guess I was smart not to go with Drew Green. That is weak. I don't see how a jury would side with them. I think they are flexing their muscle to reduce competiiton.

I have had an inside look to their operation. Just raised my confidence level even more...

Green Dreams
07-12-2004, 12:37 PM
I went to iwon.com and entered Yard Doctor. The very first thing I saw was this...

sponsored listings

Lawn Doctor
Learn About Local Lawn Care Service from TruGreen ChemLawn
www.TruGreen.com

and I guess they have Briggs & Stratton in their sites too.... www.yarddoctor.com

I punched in Turf Doctor here in our online yellow pages. Lokk what popped up....

• Lawn Doctor - Learn About Local Lawn Care Service from TruGreen ChemLawn - http://www.TruGreen.com

Seems to me they are going after water from a rock. Too afraid of the big lake??

Ric
07-12-2004, 01:32 PM
Originally posted by Green Dreams
Seems to me they are going after water from a rock. Too afraid of the big lake??

Green Dreams

When Fishing it is a lot easier to land a guppy than whale.

Wal-Mart is now the biggest Retail corporation in the world. Between Wal Mart and Home Depot the local Retailer can't stand a chance. When was the last time you had Lunch at a mom-pop fast food?? McDonalds and Burger King Etc Etc have the fast food market. It is a darn shame that The land of the Free and The Home of the Brave is no longer The land of the FREE. It is the home of Brave Corporations.

TClawn
07-12-2004, 01:38 PM
Originally posted by TSM
LOL, had me fooled, i knew I recognized the name Orson Wells...of course now that i think about it he is (or was, is he still alive?) an actor

anyway Orson Wells/ George Orwell...yeah thats pretty darn close? :)

I thought he wrote journey to the center of the earth. :D

James Cormier
07-12-2004, 03:37 PM
Gezz, I spend the weekend in the pool with the kids and all hell breaks loose.

My biggest question is how did they know TSM is you? I didnt tell them, the price wasnst right...Hehehe

BoHog1634
07-12-2004, 04:18 PM
Jules Vern wrote 'Journey to the Center of the Earth'. Back to the Future part III was on yesterday and Doc mentions it a few times. That's the only way I know that kind of stuff.

BoHog

TSM
07-12-2004, 04:20 PM
Originally posted by James Cormier
Gezz, I spend the weekend in the pool with the kids and all hell breaks loose.

My biggest question is how did they know TSM is you? I didnt tell them, the price wasnst right...Hehehe

ok, i'll call my maffia freinds and tell them not to pay you a visit ....just kidding!!

evidently it aint hard, of course i dont know how to do it, but i'm guessing the can track my (or yours or anybody elses) internet provider number. They are computer people, so i'm sure its really easy for them.

whats really funny, to me any way, is i did a search on here...typed in 800lawn**** and two threads came up. The one i started a while ago and another that actually posted images on the thread from that 800 company's website. I wonder if that guy got a letter as well??

Green Dreams
07-13-2004, 10:21 AM
My internet buddies say you can be traced easily, especially if you have roadrunner cable. They say if you have aol, its a big maze and you are harder to find.

Screw with me and I'll tell the world you suck. I'm one of those who doesn't burn bridges...I demolish them. I'm kind of a knucklehead that way.

And while I'm at it...a big middle finger salute to...Conns Appliances, NTB (Sears Scam), Bank One, Verizon Wireless, Chrysler, and whoever else I am not thinking of right now...lol

Ric
07-13-2004, 10:45 AM
Originally posted by Green Dreams
My internet buddies say you can be traced easily,


Your Friend speaks nothing but the truth. A hacker can read every thing on your computer. No I can't do it I am not a hacker, but I have friends who are. A good hacker could spam this website and shut it down if they so wanted to do it. How do you think malicious code (virus) gets started? Some hacker does it just to see if he can. These freaks get there jollies from messing up other people.

James Cormier
07-13-2004, 05:47 PM
Ric, would that be mr stone? I remember him from another site I use to spend time on, then one day I saw a post from you ( i think it was you ) that said you where friends.

He a computer wiz isnt he?

I enjoyed his humor

Ric
07-13-2004, 09:56 PM
Originally posted by James Cormier
Ric, would that be mr stone? I remember him from another site I use to spend time on, then one day I saw a post from you ( i think it was you ) that said you where friends.

He a computer wiz isnt he?

I enjoyed his humor


James

Yes Lawrence Stone is My friend and although he is banned from this forum, He has over 200 posts this last year under different names. Each name has a different personality and They some times answer each others questions. Since Myself and only a few other know which screen names he posts under We ROFLMAO. I do enjoy his cynical sense of humor.

I am in trouble with him now because I let the Cat out of the bag. However I don't think the moderators will ever catch him at it. To answer your question directly. YES he is one of the Hacker I know.

Runner
07-14-2004, 02:51 AM
Ah, yes... Mr Stone! lol... I often wonder how he is, and how he's been. I never see him around anymore, but I hardly get on the other forums. Please tell him I said hello, and give him my best (unless he reads this first!) :)
Also, I though War of The Worlds was written by H.G. Wells?
Anyway, I don't care what ANYone says about the Real-green systems. While they are a neat package for marketing and software, and such, they still have a few flaws. I can say this, because I know first hand from someone who is involved with them and was pretty disappointed when he found out that even though he invested in this "1-800" gig, someone else 10 minutes away from him has the SAME THING! So, essentially, anyone who sees HIS signs up and takes the number for info on their property just 10 minutes away, is ACVTUALLY going to get the OTHER guy's business. So, essentially, he's advertising for the other guy(s) that have the same program, as well. The more you invest and put out, the more toward the outskirts of your area you will be. So, obviously, the more advertising for the other people that paid into this thing you are doing. Not for me, thank you.