Someone STOLE MY business name! VENT

Discussion in 'Random Ramblings' started by Rare Feathers Farm, Oct 22, 2008.

  1. Rare Feathers Farm

    Rare Feathers Farm Overrun With Chickens

    I've owned/ operated "Equibling" since 2003 and have been managing equibling and equi-bling.com as a licensed business since since 2004. This woman (I did an ICANN search) on her domain name and found out she's in KY and a woman has been using this name for about one year.

    About a year ago, I was on eBay and saw someone selling products under the name "Equi-Bling." I contacted eBay about copyright infrigement & trademark violations. They sent her a letter & told her to stop using that name to list her items for sale. She then got a lawyer and said that she has a business license in the state of KY to operate under "Equi-Bling." I then consulted with one of my lawyer friends and we drafted a letter which we sent to her. The eBay account went away & that was the last I'd heard until day--when I was updating my Equibling website this afternoon, I thought I'd Google it & see how it's coming up in the listings. My business has been down because of the economy...

    Anyway, I get a few pages of hits. Most of them are MINE & my results. Then, I noticed someone else with a MySpace account "Equi-bling" as well as a website advertising "Equi-bling" products! [​IMG] So she's now operating a website with products that she's selling as "Equi-Bling" products!

    I've been researching the trademark process & it looks like it will be $375+ to get internationally registered? Of course, I do not have an extra $375 laying around...but if I did--(I'm thinking of asking my grandma for a loan) and it goes through, would I be able to sue this woman? I'm pretty upset right now!!

    ~Heather
    Owner/Operator of the REAL EQUIBLING!
    www.equibling.com
     
    Last edited by a moderator: Oct 22, 2008
  2. miss_jayne

    miss_jayne Lady_Jayne

    Jun 26, 2008
    Columbiaville, MI
    i was a professional clown by trade. let me tell you, there is NO other place where you will see name infringement more.

    i did not feel that the money was worth registering nationally, as i would not be performing nationally.

    YOU sell internationally. your market is where your money is.

    the money is well spent if you plan on continuing using the net for your business.


    edited for a spelling boo boo!
     
    Last edited: Oct 22, 2008
  3. ruby

    ruby Chillin' With My Peeps

    406
    0
    139
    Apr 10, 2008
    Gold Hill, Alabama
    You might not be able to sue her without another 10k to do it with but you could stop her for a while. I own a franchised business and a independent was displaying their name. All I could do is take a picture and hassle them until they wrote a letter of cease & dissent from displaying a 'international' company name! Report the myspace thing tho![​IMG]
     
  4. Rare Feathers Farm

    Rare Feathers Farm Overrun With Chickens

    Quote:Yeah, although I've not sold any of my artwork or speed beads internationally (yet)--I'm still frustrated. I've worked very hard to get my GOOD name out there & now I've got someone else using it! [​IMG]
     
  5. MissPrissy

    MissPrissy Overrun With Chickens Premium Member

    24,442
    49
    371
    May 7, 2007
    Forks, Virginia
    If you have not trademarked or copyrighted the name through legal means she has the right to use it. You can't sue her after the fact.
     
  6. Rare Feathers Farm

    Rare Feathers Farm Overrun With Chickens

    Quote:True...I don't have access to MySpace from work (it's blocked) [​IMG] but I'll use my in-laws' computer tonight & see if I can get a ticket or something submitted so that she can't use myspace, either! Actually, I already have a MYSPACE account under EQUIBLING that I opened up in 2006!
     
  7. Rare Feathers Farm

    Rare Feathers Farm Overrun With Chickens

    Quote:But if I get it registered and she gets a letter telling her to stop using & she doesn't, I believe she is fair game, then?
     
  8. miss_jayne

    miss_jayne Lady_Jayne

    Jun 26, 2008
    Columbiaville, MI
    i feel your pain. i had someone actually take my whole character! they just copied it (without the talent or wonderful costume, make-up etc) and tried to tell people she was me.

    i doubt she collected $115 an hour and had clients knocking down the door though. (i did!) good, quality work shines in the end!


    again, i sure feel for your trouble.[​IMG]
     
  9. Rare Feathers Farm

    Rare Feathers Farm Overrun With Chickens

    Quote:[​IMG] How unoriginal was she?? What ended up happening in your case?
     
  10. tfpets

    tfpets Mmm, tastes like chicken

    How many ways do you have to license, register, trademark, and protect yourself to be who you are?? Seems like she would have gotten the point already!
    I hope your grandma helps you out and you can snuff the problem once and for all?? It would be money well spent to protect yourself.
    Sorry this is happening - best of luck
    Tina/tfpets
    (I was worried when someone was on the other forum, EasyGarden.com, came on as "dfpets", I thought they were impersonating me at first, but it seems they really are a business. It seems it was a coincidence?)
     

BackYard Chickens is proudly sponsored by