One of the biggest character flaws I have - and there are many, ask my mom or wife - is that I constantly under-estimate the sheer stupidity of the human animal.
I own a company, an LLC. Let's call it XYZ, LLC for the sake of this discussion. I want to sell it to finance some III ops. So, I start putting my package together and I find a direct competitor advertising on XY-Z.com.
I contact my competitor. He's a good candidate to buy my assets - it'll make his company stronger. I don't mention that he's in direct violation of ethical and legal infringement issues. He decides that he can't afford my assets. OK - I get it. What I own is valuable, and is not cheap. So I explain that I'd like him to stop advertising on XY-Z.com, as it is "confusingly similar" and muddles the water, making it more difficult to sell my assets to other companies in the area.
Everything is pleasant and amiable.
Turns out that his company doesn't even own XY-Z.com - it is owned by a marketing company down south, and leased to my competitor. I politely advise my competitor to check with his corporate attorney, because he is, essentially, using my company name to gain customers. We go back and forth for 2 days...and then I get an email from his marketing firm in the south, who has advised my competitor that he is not doing anything inappropriate.
I truly can not tell you how dumbfounded I was to learn that my competitor has never, once, consulted with a Maryland attorney to find out his legal position - he is relying on the advise of an Alabama marketing company referring Maryland (not to mention ICANN) infringement standards.
Many of you know I hate courts. The last thing I ever want to do is sue anyone or get someone in legal trouble. I have bent over backwards to help my competitor, I have told him several times to speak to his Maryland attorney. The matter is so blatant he need not even speak with a Trademark/Servicemark/Trade Name specialist. Truth: It is so blatant that common sense alone is all one needs to understand you have a problem.
If I own XYZ Company and you buy a newspaper ad that says "Call XYZ Company" and then give a phone number to another company - it is serious, obvious fraud.
The asset package I am trying to sell is a six figure package. I want to sell my assets, fast. But, in essence, it is like trying to sell a nice house and yard with squatters living in a tent on the driveway! I can't do anything until the squatters are gone!
I hate it, but I may have no choice but to use the courts.
I'm just venting, sorry folks. I've been dealing with this silliness instead of writing, which is my passion.
I can tie it to Restoration - never under-estimate the stupidity of your allies or enemies.
Our book is in final editing. I am very pleased with it. I think you will be pleased by the contributions made by some of the best thinkers in our community.
Resist!
Now!
Kerodin
III
Hey, you tried to be decent about it. Perhaps when court becomes a real possibility the competitor will get smarter fast. Hang in there...
ReplyDeleteYou fail to understand that if he OWNS the right people, YOU cannot win. He may be stupid, or your government may be corrupt. Which do YOU think is more likely?
ReplyDelete