'Real Estate Zebra' hit with trademark suit
Agent, blogger Daniel Rothamel denies allegations
By Matt Carter, Friday, February 25, 2011.Real estate agent and blogger Daniel Rothamel -- known for years to his readers as the "Real Estate Zebra" -- has been hit with a trademark infringement lawsuit by a company that produces a "Zebra Report" and "Zebra Blog" to market its services to real estate agents.
Bellingham, Wash.-based The Lones Group Inc. claims its use of zebra-themed imagery and trademarks predates Rothamel's, and that he is "unfairly diverting business" away from the company.
In a complaint filed Tuesday against Rothamel and his brokerage, Strong Team Realtors Inc., The Lones Group seeks an injunction restraining Rothamel and the brokerage from using "in any manner" the trademarks The Zebra Blog or The Zebra Report, "and any other term or terms likely to cause confusion," including "Real Estate Zebra."
The lawsuit also seeks compensatory and punitive damages in excess of $75,000, including an award for damages equal to three times the amount of actual damages.
Rothamel, who is also a frequent moderator and presenter at Inman News events, said he had never heard of The Lones Group before receiving a cease-and-desist letter in July.
Rothamel's attorney responded to the letter, stating that he and Strong Team disputed its factual allegations and legal conclusions.
"Neither Mr. Rothamel, nor (Strong Team), has injured, damaged, or infringed upon the rights of any third party, including your client, and they deny all of your allegations of liability" set forth in the July 23 cease-and-desist letter, Rothamel's attorney said in a July 30 letter.
Rothamel said Thursday that his position as stated in the letter has not changed.
"I think it is unfortunate that the Lones group has chosen to go this route," Rothamel told Inman News. "I am going to work with my attorney to resolve the matter."
Rothamel's "zebra" moniker relates to his work as a basketball referee at the high school and college levels -- referees wear black-and-white-striped jerseys.
The Lones Group website states that the company provides marketing and other business services. According to a bio on the site, Lone Group President Denise Lones has worked as a real estate agent, broker and corporate trainer. Lones did not respond to a request for comment.
According to the complaint filed by her attorneys in federal district court, The Lones Group has been known by consumers for many years as the "real estate zebra company."
The company has offered a publication known as "The Zebra Report" since 2005, the complaint said, and has provided "blog services" since November 2006 using the mark, "The Zebra Blog."
According to the "whois" domain name database, RealEstateZebra.com was registered in October 2006.
The lawsuit claims The Lones Group has been using "zebra stripes and other zebra images" since early 2005, and that Rothamel registered RealEstateZebra.com after first use by Lones of the Zebra Report mark.
The lawsuit alleges that Rothamel and his company are "direct competitors," offering "competing blog services in the field of real estate, to the same types of consumers" and "unfairly diverting business" away from Lones Group. The lawsuit also alleges that consumers may "believe that (Rothamel) is the source of real estate services" offered by The Lones Group.
Although Rothamel and Strong Team are based in Virginia, they "offer their services to U.S. residents, including but not limited to residents of the state of Washington," the suit claims.
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Submitted by Todd Carpenter on February 25, 2011 - 9:43am.
I'm not a lawyer, but have a pretty good idea of how the court of opinion is about to rule. ;-)
Submitted by Kris Berg on February 25, 2011 - 9:52am.
Oh, good grief. You go, Daniel!
Kris Berg
San Diego Castles Realty
San Diego Home Blog
Submitted by Jeff Corbett on February 25, 2011 - 10:04am.
Its too bad that a lawsuit need have no merit to file, yet will likely cost Daniel some money to 'defend'. Sincerely hope the judge, DA... whomever has to waste their time and taxpayers money on this in WA throws this nonsense out and drops the gavel on the frivolous filer.
I suppose I should seek compensatory & punitive damages and reparations from the people who own the alphabet for using the letter X in their business affairs after 2006.
Submitted by Jay Thompson on February 25, 2011 - 10:14am.
"The lawsuit also alleges that consumers may "believe that (Rothamel) is the source of real estate services" offered by The Lones Group."
Oh, if only they were so lucky. If people thought Daniel Rothamel was the source of services offered my the Lones Group, their business would explode.
Frivolous lawsuits like this make me sick. I've never heard of the Lones Group until now, but I certainly know they won't ever get my business, nor the business of anyone I can reach.
Jay Thompson
Broker / Owner
Thompson's Realty
Blog: www.PhoenixRealEstateGuy.com
.
Submitted by Jay Thompson on February 25, 2011 - 10:15am.
"The lawsuit also alleges that consumers may "believe that (Rothamel) is the source of real estate services" offered by The Lones Group."
Oh, if only they were so lucky. If people thought Daniel Rothamel was the source of services offered my the Lones Group, their business would explode.
Frivolous lawsuits like this make me sick. I've never heard of the Lones Group until now, but I certainly know they won't ever get my business, nor the business of anyone I can reach.
Jay Thompson
Broker / Owner
Thompson's Realty
Submitted by Lucinda Law on February 25, 2011 - 10:40am.
I despise frivolous lawsuits and the people who file them. I hope the court of public opinion casts their verdict - by boycotting this company until they drop this absurd suit. If anything, their business would be improved by an affiliation with Daniel Rothamel who has been unselfishly informing buyers, sellers and agents for years.
Submitted by Paul Slaybaugh on February 25, 2011 - 10:41am.
J.O.K.E.
Submitted by Marlow Harris on February 25, 2011 - 10:56am.
Not that it matters, but I've been getting the Lones Group newsletter for about 4 years and have attended seminars by Denise Lones. She's a real estate trainer and educator here in Washington State. And when Daniel first started his blog, it didn't have his name on it, so I thought it was Denise's so I used the "contact form" to send a note of congratulations that she had joined us in our online blog community. Except it wasn't Denise, it was Daniel. So I can see how others would be confused. Just sayin'.
Marlow Harris
http://www.360Digest.com
Submitted by Marlow Harris on February 25, 2011 - 10:58am.
Not that it matters, but I've been getting the Lones Group newsletter for about 4 years and have attended seminars by Denise Lones. She's a real estate trainer and educator here in Washington State. And when Daniel first started his blog, it didn't have his name on it, so I thought it was Denise's so I used the "contact form" to send a note of congratulations that she had joined us in our online blog community. Except it wasn't Denise, it was Daniel. So I can see how others would be confused. Just sayin'.
Marlow Harris
Submitted by Marlow Harris on February 25, 2011 - 11:01am.
Not that it matters, but I've been getting the Lones Group newsletter for about 4 years and have attended seminars by Denise Lones. She's a real estate trainer and educator here in Washington State. And when Daniel first started his blog, it didn't have his name on it, so I thought it was Denise's so I used the "contact form" to send a note of congratulations that she had joined us in our online blog community. Except it wasn't Denise, it was Daniel. So I can see how others would be confused. Just sayin'.
Submitted by Roberta Murphy on February 25, 2011 - 11:15am.
We know which Zebra has shot itself in the hoof.
Roberta Murphy
San Diego Previews Real Estate
SanDiegoPreviews.com
LuxuryHomeDigest.com
Submitted by Tina Merritt on February 25, 2011 - 11:16am.
Daniel - we have your back! I'm all for starting and supporting your legal defense fund to fight this nonsense so you don't have to deplete Lil Zebra's college fund! My biggest question though, is why did you hire an attorney? Kari is perfectly capable of putting this whole thing to rest!
Tina Merritt
tinamerritt.info
Submitted by Wayne Harriman on February 25, 2011 - 12:03pm.
Business must be bad up in Bellingham...
Submitted by J Philip Faranda on February 25, 2011 - 12:09pm.
Speechless.
I hope that there are some attorneys who would be willing to help, and am wondering if a legal defense fund can be set up?
Broker-owner, J. Philip Real Estate
Vice President, Empire Access MLS (NY)
www.jphilip.com
www.WestchesterRealEstateBlog.NET
Submitted by Jay Thompson on February 25, 2011 - 1:16pm.
I am working at this very moment to set up a site to collect donations for Daniel's legal defense. It will be at:
http://ZebraDefenseFund.com
The donation button is functional right now, I'm working on getting some info on it.
Jay Thompson
Broker / Owner
Thompson's Realty
Blog: www.PhoenixRealEstateGuy.com
.
Submitted by Tina Merritt on February 25, 2011 - 1:29pm.
Jay Thompson is working at this very moment to set up a site to collect donations for Daniel's legal defense. It will be at:
http://ZebraDefenseFund.com
The donation button is functional right now, Jay working on getting some info posted to the site.
Tina Merritt
tinamerritt.info
Submitted by Cindy Jones on February 25, 2011 - 3:02pm.
Never heard of the Lones group but wonder what triggered a lawsuit 4 years AFTER Daniel started his blog. Seems a long time to wait to send a cease and desist letter.
Submitted by Jay Thompson on February 25, 2011 - 3:26pm.
Good question Cindy. Unfortunately, it's progressed far beyond a cease & desist letter. It's a now a full-blown lawsuit. And it's ridiculous in my opinion.
Jay Thompson
Broker / Owner
Thompson's Realty
Blog: www.PhoenixRealEstateGuy.com
.
Submitted by Jillayne Schlicke on February 25, 2011 - 3:52pm.
I always thought Denise was selling marketing services to real estate agents.
Does Daniel do the same thing? I thought he was a producing Realtor selling his services to homebuyers and home sellers.
Looking back and forth at both websites, I do see the problem, but how could Daniel have known what Denise was doing if she didn't trademark it?
I guess we'll find out.
Submitted by Nick Bastian on February 25, 2011 - 4:25pm.
This disgusts me... Give em' hell, Zebra.
Nick Bastian
www.RailLife.com/blog
Submitted by Jillayne Schlicke on February 25, 2011 - 4:36pm.
Hold on, I don't even know if Denise was using the Zebra theme that far back. When she first started out she was just wearing black and white clothes and the Safari idea came later. Daniel, make her prove the date that she first started using the Zebra theme.
Submitted by Paul Slaybaugh on February 25, 2011 - 5:06pm.
Not for nothing, but if we are divvying up the animal kingdom, all should be advised that I called dibs on the dingo in the fall of 2009. The lemur's mine, too.
Submitted by Kevin Tomlinson on February 25, 2011 - 5:34pm.
I like Daniel very much. But Marlow proved that this may not be as frivolous as Lucinda "Law" thinks.
Tina,
Jay always sets up "on the spot" domains/sites during re.net "dramas." For what? BACKLINKS!!!!!
He's no dummy. Laurie Manny cracked that code long ago!
Can someone start a half-decent blog war already?
Kevin Tomlinson
The Real Estate Zebra
Miami Beach Real Estate Resource
South Beach Real Estate Blog
About Miami Beach Florida
Submitted by Sean Carpenter on February 25, 2011 - 6:38pm.
Good luck Daniel!
Submitted by Sean Carpenter on February 25, 2011 - 6:39pm.
I'll be pulling for the referee who sells homes
Submitted by Rhonda Porter on February 25, 2011 - 7:30pm.
I can't stop wondering what Joe's opinion would have been on this...
Submitted by Mana Tulberg on February 25, 2011 - 7:49pm.
Mana Tulberg
Daniel, best of luck to you. In my book there is only one Real Estate Zebra, Daniel Rothamel.
Submitted by Thesa Chambers on February 25, 2011 - 10:31pm.
although I can see why someone might think they had a case here - I am at a loss as to why an attorney would follow through with this. An attorney that knew anything about the internet and the real estate community should have warned her win or loose she would damage her reputation - there really is no winner on this one -
Submitted by Debi Braulik on February 25, 2011 - 11:22pm.
Interesting. I saw the headline and the only Real Estate Zebra I know is Denise Lones of The Lones Group. She's well known in the NW region and has been using that brand for as long as I can remember. I had my marketing materials designed by her company in 2005 and she was using the Zebra brand. I can tell you her company is very well organized and does trademark everything so I'm sure she trademarked her brand. If the suit says she first put out The Zebra Report in 2005 she will have documentation of that. I agree with Thesa, this is a tough situation and there will not really be a winner here.
Debi Braulik, Realtor
Keller Williams Realty
Federal Way, WA
www.kingpiercehomes.com
Submitted by Dale Chumbley on February 26, 2011 - 2:59am.
Hmmm... I'm from WA. I've attended classes of Denise's. I've never associated her as the Real Estate Zebra. From the moment I first heard of Daniel he's always been the Real Estate Zebra. Has she really trademarked stripes? She is a trainer. Daniel is a Realtor. This thing stinks in my opinion. I believe Todd stated it clearly... The court of opinion is going to rule strongly on this one. Denise, if you've been so hurt and concerned why haven't you dealt with this before now? Surely you were monitoring your "brand". Right?
Submitted by Teresa Boardman on February 26, 2011 - 5:00am.
Google knows that Daniel is the real estate zebra.
Submitted by Mike Bowler Sr. on February 26, 2011 - 7:15am.
Lot's of lessons in The Power of Social Media here. The saga will continue. http://bit.ly/dY7Raw #savethezebra “Expect the Best” Mike
Mike Bowler Sr. ePRO, CRB, GRI, SRES
Submitted by Chris Somers on February 26, 2011 - 8:16am.
This lawsuit is crazy ! Have already read some amazing blogs by Jay and Jeff Bernheisel. Love the comments by Teresa "Google knows that Daniel is the real estate zebra" ... that is powerful and Dale's comment as well about hearing Denise speak in the past and why wait until now ? This stinks ! What sucks is that Daniel is going to have to spend time and money away from his business (a big distraction) to defend himself against something that is a waste of time. Unreal. The bigger picture for the Lones Group is the brand destruction that they have caused themselves in the past couple of days. Even in the slight chance that they win which they will not, they have already lost. This is a great example of the power of social media and blogs.
Submitted by Joan Lorberbaum Moore on February 26, 2011 - 9:19am.
There's only one Real Estate Zebra and he is Daniel. Case closed in my book.
Joan Lorberbaum Moore
Broker Associate, GRI
Lang Realty
9858 Clint Moore Road
Boca Raton, FL 33496
www.boca-delray-boynton.com
Submitted by Kristal Kraft on February 26, 2011 - 9:35am.
Trademark Infringement would mean that the Lone Group must actually have a Registered Trademark. If they don't they have to prove damages.
Proving damages by someone who has done a better job of marketing themselves might be difficult.
This might be the plan, as we all know publicity of any kind is good when you have no presence.
As an aside, I looked up Ms. Lone and saw her wearing a Cowhide jacket in a photo. Should Angus be saving his pennies?
Kristal Kraft
Selling Denver Real Estate
Submitted by Andrew Mooers on February 26, 2011 - 6:03pm.
Noah put two of each animal in the ark. Isn't the world big enough for two black and whites? Or lasso other animals in the jungle to promote, compare your services to. As you roam for customers, provide a service and seek to rise from the other animals in the marketing herd.
Maine REALTOR Andrew Mooers - Houlton Maine / Aroostook County
www.mooersrealty.com
Submitted by Ira & Carol Serkes, Berkeley (SF East Bay) CA USA on February 26, 2011 - 9:38pm.
On the way home from the gym, I came up with these ideas on this can end elegantly. Justin Mchood had some excellent ones on his blog so wanted to include his link:
http://www.justinmchood.com/2011/02/26/denise-lones-at-the-lones-group-m...
My tips
1: Say "I goofed".
Tell Daniel Rothamel you're sorry. People reading about the lawsuit have been quick to anger; they're much more likely to forgive if this gets resolved quickly and without rancor.
2: Withdraw the lawsuit.
3: Make a contribution to an African wildlife organization recommended by Stefan Swanepoel. I'd suggest the same amount you would have paid your attorneys.
4: Be on a RE Connect Panel with Daniel Rothamel, Jeff Turner and Stefan Swanepoel.
The topic?
"How to create a Web 2.0 disaster, and then recover from it as elegantly as possible"
Participation in the Kumbaya sing-along would be optional.
Submitted by Ira & Carol Serkes, Berkeley (SF East Bay) CA USA on February 27, 2011 - 12:30am.
Marlow
When you sent that congratulations email and Daniel got it did he try to sell you training or a blog, or did he tell you that he was in Virginia and that the congratulations were meant for someone else?
Ira
Submitted by Bernice Ross on February 27, 2011 - 9:51am.
Bernice Ross, CEO of www.RealEstateCoach.com, home of this year's number #1 selling book at NAR--Real Estate Dough--Your Recipe for Real Estate Success
Over the last 15 years, I have spent thousands of dollars trade marking various parts of our business. I wish I had trademarked "realestatecoach" back in 1997 when we started the business.
Many people confuse trademarking and copyright. If you have a true trademark, you have gone through a legal process. It starts by using a TM after the term you want to trademark. You must delineate the classes where the mark will be used (books, audio tapes, websites as well as the business classifications.) It is a time consuming process (it took us two years to get our marks.)
Once you receive your (R) the registered trademark sign, to maintain your trademark, you are required to use it whenever you use the trademarked term. This is why NAR is so aggressive about its primary trademark REALTOR(R).
As I looked at Denise's site, I didn't see the TM or the (R) on her materials. If she trademarked anything and is not using the (R), then she could lose the rights to her mark.
In terms of copyright, you cannot copyright an idea. In fact, someone can actually take a book title from another book and legally use it. They cannot legally copy the exact words that you used to describe your idea. Daniel's use of marketing with zebras seems to fall into this category.
In fact, I don't recall the company, but way back in the mid 1990's, one of the Realty Alliance companies had a full blown marketing campaign based upon using zebras. Are both Rothamel and Lones prohibited from using them because someone did so 15 years ago? I think not.
Submitted by Vicki Lloyd on February 27, 2011 - 1:12pm.
I find it amazing that someone who represents themselves as "marketing experts" could shoot themselves in the foot like this!
I hope they throw in the towel and stop this madness quickly!
Vicki Lloyd, MBA, e-PRO, ACRE, Realtor
http://LiveLakeForest.com
(949) 457-0281
Submitted by The Lones Group on March 1, 2011 - 4:52pm.
There are Always Two Sides to the Story: In an effort to clear up some of the misinformation regarding the legal action between The Lones Group v Daniel Rothamel, we would like to share our side of the story. For more information, please follow this link.
http://www.thelonesgroup.com/press.asp
Submitted by Ira & Carol Serkes, Berkeley (SF East Bay) CA USA on March 1, 2011 - 6:15pm.
Thank you for posting your point of view.
Ira Serkes