big brother (or sister) watching...

Discussion in 'Pesticide & Herbicide Application' started by TSM, Jul 10, 2004.

  1. TSM

    TSM LawnSite Senior Member
    from MA
    Posts: 707

    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
     
  2. LwnmwrMan22

    LwnmwrMan22 LawnSite Platinum Member
    Posts: 4,372

    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
     
  3. Green Dreams

    Green Dreams LawnSite Senior Member
    from Texas
    Posts: 593

    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.....
     
  4. KY GRASSLANDS

    KY GRASSLANDS LawnSite Member
    Posts: 37

    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?
     
  5. 2 man crew

    2 man crew LawnSite Senior Member
    Posts: 403

    If T.G. did we would have a nation wide paper shortage.
     
  6. lawnjockey51

    lawnjockey51 LawnSite Member
    Posts: 132

    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.
     
  7. TSM

    TSM LawnSite Senior Member
    from MA
    Posts: 707

    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
     
  8. Pilgrims' Pride

    Pilgrims' Pride LawnSite Senior Member
    from MA.
    Posts: 481

    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.
     
  9. Ric

    Ric LawnSite Fanatic
    Posts: 11,957

    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.
     
  10. TSM

    TSM LawnSite Senior Member
    from MA
    Posts: 707

    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:
     

Share This Page