To Denise Lones of the Lones Group Fame...
For years, I had a “don’t steal from the starving artists…” line that followed each and every post of mine. Those concerned things that weren’t terribly important, just words, and I’d gladly let anyone borrow those if asked. When it comes to what I do for a living though, and the products of those labors, I’m extremely protective, as I believe every business owner should be. My husband and I make our living by providing marketing services, at times, to the folks in the real estate industry. We have our own style when it comes to most things, and I’d be the first to jump all over someone claiming anything of ours as theirs… Well, almost anything.
You see, Denise, my company’s logo is a red circle with two letters in it, in white. There are a million and change other instances of a red circle with white something or other in it, some more famous than others, and I am sure some belonging to various marketing companies. But I can’t imagine suing any one of these companies for ‘infringing’ on my brand. Heck, there are even companies in the same business I am in with the same name, and yet, to date not a single one of my clients became confused, dizzy or otherwise indisposed as a result of that coincidence.

The reason none of my past, present or future clients are ever confused is because they KNOW the people behind our company via our work examples, our blogs and our interactions with folks on FB and the like. I highly doubt anyone is sitting there googling “real estate marketing company with a red circle in their logo” to figure out who to give their money to. In much the same way I highly doubt there has ever been a possibility of confusing your company and services for those of Daniel Rothamel. You claim to provide marketing services to the real estate industry. Daniel sells real estate and occasionally speaks at peer conferences. I can’t imagine any of your past, present of future clients ever facing a dilemma of who to give their money to, you or Daniel, unless one if facing a rather strange choice of a house in Charlottesville VA vs. a set of glossy postcards.
Which leads me to two possible scenarios: you are suing this family brokerage because Daniel is known as the brand you wish you had, but didn’t have the ability to pull off. You are pissed as hell that someone out there is referred to as the real estate zebra, and it’s not you. But you see, once someone successfully builds a brand, it stays with them, and they DON”T have to resort to suing for it. No piece of paper proving ownership will result in additional business for you, Denise. Your reputation and skills are the only things that can (and should) result in new business. This lawsuit is boding rather ill for your reputation in the circles you are selling to. Your name, previously unknown to most of us, now has all the connotations of the horse’s ass, and none of the zebra, because zebras are smart, hence they travel in herds. Their stripes are there not to stand out, but to blend in, hence making each individual zebra less vulnerable to attack. Survival of an individual zebra depends on having a large herd, and a herd is something you belong to by engagement and cooperation. From what I’ve seen – you have no herd to speak of.

Or, maybe this is all just a ploy to get your name out there. In which case, I congratulate you. More people now know something about you than probably ever before. You’ve successfully burned more bridges and lost more potential clients than you could have done by any other means. Even producing lousy work would have been less damaging than this campaign to cost someone thousands of miles away time, money and heartache. Most people I know would rather give their money to an underdog than a bully, no matter what their brand.
You can rectify this to the extent that a small part of your reputation may be salvageable by retracting this asinine lawsuit and apologizing to those involved. We are all human, and we all pee on our turf when we feel our livelihoods threatened, but knowing where your turf begins and ends is imperative to not accidentally peeing on someone else’s. We, humans, also have a very high tolerance for those who make mistakes, so long as they own up to them and make amends. With the first page of Google results on your name dominated by this silly lawsuit – here is your golden opportunity to change that. There is honor in doing the right thing. A smart zebra would know that.
In the interest of full disclosure, I am not an attorney, none of this should be construed as legal advice, and this post, in case it's not blatantly obvious is just one gal's opinion. Additionally, I am not in any way connected to any party involved, and up until yesterday was blissfully ignorant of the existence of any of the people named here, but I will always side with the underdog where an injustice has been done...
For anyone who wants to help Daniel fight this battle, Jay Thompson set up a site where you can show your support or donate a couple of bucks. Click the following link: real-realestatezebra's-defense-fund. Also, help spread the word via Twitter here and FaceBook wherever on FB you dwell.
63 Comments on Open Letter to Denise Lones of the Lones Group.
Inna,
One thing for sure, anyone can simply say the word "zebra" these days and there's immediate connection to this lawsuit.
I don't know either side, but what I read makes me wonder why???
I do not know either party and I may be wrong...but I'm sure they were instructed by their attorney not to address this in writing so I highly doubt they will respond.
Inna-
Thanks for this post. I appreciated it especially coming from someone in the marketing and branding space, vs. more commentary from agents. I especially appreciated Rick's (#38) observation about Hobbs-Herder. When this all broke, and I checked out Lones' web site and AR presence, the first thought that entered my mind about Denise's product was: "nice, but I've seen this before many times". This is the kind of slick, glossy, "look at me" branding/marketing that hit big during the boom years. I'm sure there are hundreds of companies that are doing exactly the same thing right now.
As far as the lawsuit is concerned, its just a matter of sour grapes. One party lost at her own branding game by doing things the old way, and she's mad. Get over it, and get back to your business. I don't think the whole zebra branding and imagery is so spectacular that it was worth hiring an attorney over. She probably could have changed her imagery to another safari animal, and been just fine. At the end of the day, she will probably wish she had just switched to the gazelle.
When I close my eyes I see Denise "A"Lones... you know all by herself with no money left to pay employees and no business. :)
Some people actually think that ANY publicity is good...I think this puts that notion into the trash bin - where it belongs.
Inna,
I think the Lones Group should include the Denver Zoo in their lawsuit. At least the stall in the mens room...
Or maybe the door on the right is more applicable to the lawsuit?
Mike in Tucson
I don't know either parties but it is obvious who has branded themselves well with respect and integrity. Daniel will prevail on these high standards alone. Let's pray that Ms. Lones will realize what upheaval this has caused an announce a public apology to Daniel and what it has caused his family.
Love the blog.
Daniel offered to settle a couple of days ago. He is giving up his stripes but he keeps his brand, which is way more than zebra stripes.
Anyone can sue anyone for anything at anytime. Just hire a lawyer.
The facts that I see are that the 2 parties are not DIRECT COMPETITORS, they are in different markets, selling to different audiences. Duh. But hey I'm not a lawyer.
I think (and this is just my personal opinion) the Lones Group stepped in it big time. I did meet her once and was not even tempted to pay for her services. I have "met" daniel online and found him to be honest and would never in a million years confuse Daniel with the Lones Group. That's kind of brain dead.
Inna,
I've been following some of the tid bits of this whole story but on the legal end of it...
I don't know either of them but regardless of who is right or wrong....I'm not an attorney but I've read some comment streams out there and it totally goes against many many blogs that are written here about how not to bash a person or company by name. If there is something derogatory that needs to be posted...at least the names shouldn't be exposed. Remember the story about Courtney Love? She did a lot of trash talking on Twitter about a company...she was sued and had to pay...it's all up to the people posting to have some common sense and that could come back and bite them in the butt. It's not for me to say but I would only be careful not to bring emotions into this and treat it as an issue to be resolved by a judge and jury in court no matter what. And I don't think it matters if you're a competitor or a Realtor or anyone for that matter....the liabilities could have the same results.
You can sue anyone for anything.
Another member on ActiveRain threatened to sue me for libeling her here on ActiveRain last year, the post is still up. She called my brokerage and told them I was libeling (slandering?) her? here.
Some people are more likely to use lawsuits than others.
Yes but you and I have been around here a long time and I'm sure you would agree that there are many many posts out there talking about what is constructive criticism or considered to trash talk or saying something derogatory on here...you know what happens...they either remove the comments or suspend you so in defense to both of them...those types of comments go against every single one of those posts regardless of the issue. Calling someone a fool or a baby or disgusting,slimy,insulting, or whatever you want to call it...if it isn't supposed to be said then it shouldn't be or you might as well delete all those blogs. Just calling someone stupid could draw a suit. It's just not ethical in my opinion.
If I was to make a comment regarding this lawsuit..I would probably just say that both parties should work it out in court in private. It really isn't anyone elses business. Sure it's probably ok to say that you support one side and want to help that person with the costs by setting up a fund but to bring anything else into it just might be bringing in your emotions. Honestly...I would prefer to keep that type of business private but I guess once the media gets a hold of it...it can get really ugly as you see it has.
Neal - i see your point, as far as keeping things private, but a lawsuit is indeed a matter of public record, and people are generally free to comment on such matters, or at least should feel free to do so. As for keeping the names private - that would defeat the whole purpose. Most of us here are either small business orwners or function as such because that's the nature of our business. I think quite a few people percieved such lawsuit as a threat to their livelihood, and judging by the paperwork filed, justifiably so. It's no surprise that such things would result in a heated discussion.
I think it's pretty clear in this post and most others I've read on the subject that all we are voicing are indeed opinions. I am not aware of anyone being sucessfully sued for something like that.
Neal have you read Rob Hahn's post about cyber bullying? He denies it exists it exists in blogging and social media, or social media in the real estate community. I am NOT sure I agree with him but he is an attorney and a high ranking member of the RE.net... so who am I to argue with him.... <--- joking mostly....
Rob Hahn denies cyber bullying exists because we are all adults. I think some in this saga are very in tune with their inner, angst ridden, former selves.
Just because you could get sued for something does not mean it is unethical. You can get sued or told to cease and desist from using your first name on your restaurant, because you did not register it. Nothing unethical in naming your restaurant "Neal's." I know you are saying that by calling people names you could open yourself up to lawsuits.
Is name calling against the AR Guidelines? I will have to refresh my memory. Predatory behavior is...
ActiveRain has Guidelines that the rest of the blogiverse and even the small part of the blogiverse that is real estate do not have. We are networked closer on ActiveRain, so we have Guidelines and Terms of Service. Just because it is againt the TOS or Guidelines does not make it unethical.
Of course ActiveRain is often accused of being like high school so AR may be different than real estate blogs outside of a network. Bullying may be able to exist here where it can not outside.
Inna,
Just because paperwork that was filed sounds one way...doesn't mean the stories are accurate. I don't think anyone will ever really know the true facts accept Denise and Daniel.
I understand that people want to protect their business or should I say their business model or their brand. I'm the first to admit that I'm very protective of my business. But I have to sometimes take a step back and think about what I say because I might regret it and I probably have once or twice in my life. I guess that once Denise Lones sued Daniel...all his friends came to his defense which is only natural but it was probably better not to say it the way it sounded. To me...many of those comments sounded like there was a lot of anger in them and that's ok...its the emotions but who is to say that there wouldn't be any repercussions. I highly doubt anyone will be effected but I just wouldn't take the chance if it was me...maybe I'm paranoid.
Maureen,
I think what you're saying is because AR is more of a club or a private network...they have certain guiidlines that won't tolerate certain things they would consider bullying or maybe they just do not want the liability. I'm not sure why or what the reasons are. I just think it's interesting how people will give their opinions in more of a harsh way sometimes here and then everyone starts writting posts about it and then you see it in this case. And in no way am I defending either of these poeple whom I've never met.
I read Daniel's letter and watched his video and the point that stands out the most for me, is that the first approach was a law suit. Denise Lones holds herself out as being a much sought after speaker/marketer for all things Real Estate related, thus positioning herself as a professional. I don't need to know all the details to know, that using a bat as a first action/approach seems hardly to be the seasoned professional's first elective . Testing the waters with a letter to discuss the conflict could have led to a mutual agreement and as such, would have been the TRUE professional approach. As Daniel said in his video, legal action should be a last resort, not the first one.
This is not someone I would choose to do business with. In my opinion, she'd make a better lawyer than a marketer. I don't know Daniel or her. I do know Inna. Denise would be wise to absorb even a portion of the wisdom Inna has expressed here. I believe the whole fiasco actually hurt her more than any publicity value from her actions in this matter.
As for branding, there needs to be substantive values behind the pretty pictures. Something Inna understands completely. It's a small world and word travels fast. Right now, Daniel is head and shoulders above the fray and his action has shown him to be the better person. He obviously backs his pretty pictures with substantive values. A class act indeed. Life is short, move quickly away from people who act only in their own interest. Here we are back at those substantive values again. ;-)
Interesting that the suit was not filed in VIRGINIA * The BIRTHPLACE of FREEDOM! Daniel lives RIGHT down the ROAD from Monticello
Daniel's blog went back to his name... He stopped using his former URL. He did a video earlier this week. No zebraness in the background.
I feel like this was a lose-lose battle.
Unfortunately, Daniel should have trademarked his domain and his business. Then he wouldn't have been in this mess. I believe that the Lones Group was just exploiting an opportunity to further their brand via a domain name that Daniel already owned and a trademark they wanted to use.
In my opinion, there is nothing wrong with what they did. I am sure you will see "realestatezebra.com" being used to further their brand soon.