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What's Black and White and Red All Over? #savethezebra

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Real Estate Agent with HER Realtors

Zebras

What's Black and White and Red All Over? A blushing zebra?

Denise Lones is an ActiveRain member... she is a vendor selling to the real estate industry, her company is named the Lones Group. Denise Lones is in Washington state.  Denise Lones ActiveRain profile says:

"We are a real estate training and marketing company. We specialize in helping agents, brokers and developers dominate their markets. We utilize a proven success system that works."

What's Black and White?

Denise Lones is suing Daniel Rothamel, a real estate agent for $75,000 for using "zebra." Daniel is the Real Estate Zebra, he is a referree... wears stripes. The story was on Inman yesterday.  The Lawsuit

Frivolous lawsuit?

Daniel Rothamel is an ActiveRain member... not real active but he's been here since 2006.  Daniel is a real estate agent in Virginia.  Daniel is very well known in the real estate social media world.  The Lones Group has angered Daniel's friends in that world.   Jay Thompson put together the defense fund The Daniel Rothamel Legal Defense Fund

What's Black and White and Red All Over?

You can not help but read all about it.  Jay Thompson, Drew Meyer and others are going to rank way better for The Lones Group than The Lones Group does in a very short time. Perhaps they do not already.

It's on Twitter.  #savethezebra

It's on Facebook.  That's where I first saw the story.

It's on Jay's blog The Lones Group v. Rothamel: A case study in destroying your on-line reputation

The Zebras here are from Robbert van der Steeg titled 'Zebra, zebra and zebra'  on his Flickr photostream.  Thanks to Robbert for allowing the use of his striking zebra photo with a Creative Commons license.

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This post provided by Maureen McCabe HER Realtors*

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Information is deemed to be accurate but should be verified to your satisfaction.  Information provided herein is supplied by several sources and is subject to change without notice.  Opinions expressed are solely those of Maureen McCabe.

 


 

Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Is social media akin to mob rule, tearing down a party regardless of case validity or court outcome?
Do the legal points matter, or is having friends with social media skills more important?

If Denise Lones is in the right, should we cower when we are right because we can be decimated on line?

I'm no expert in the legal points of the case and don't know either party, but I am fascinated by the dynamic involved, and will be watching from that standpoint.

Feb 26, 2011 03:31 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

there is an angry mob...I want to know what a judge would decide.

Feb 26, 2011 03:55 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

"Perhaps they do not already." should read "Perhaps they do already."

Perhaps Jay, Drew, etc. already are coming up for searches for The Lones Group.   

Feb 26, 2011 04:57 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Isn't this something else?  Big publicity in a short period of time. I hope that's what they were looking for.

Feb 26, 2011 05:42 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

You think?  I doubt that is what they were looking for.  I think she must really believe that Daniel is doing wrong. 

Feb 26, 2011 06:12 AM
Bob Jakowinicz
National Realty Centers Livonia--Bob Jakowinicz - Livonia, MI
Michigan Real Estate Agent-- MI Real Adventures

I am really seeing a lot of opinions on this, don't think that is what the company suing was looking for as most of it seems to be negative against them.  Wow it is really impressive to see the support come out for Daniel

Feb 26, 2011 08:33 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

He's worked for his hard earned social capital for many years...  Lots of opinions but most I see are #savethezebra pro Daniel.

 

Feb 26, 2011 08:41 AM
Jack Mossman - The Nines Team at Keller Williams in Lodi
The Nines Team at Keller Williams in Lodi - Lodi, CA
The Nines Team in Lodi

Maureen - Thanks for making the observations.  I need to go and read the other posts to get a sense of what's going on ... but whenever it comes to law suits ... you've already lost, unless you're the attorneys ...

Feb 26, 2011 01:32 PM
Bill Pohl
Tetra Homes, Inc. - Loveland, OH

To paraphrase Shakespere (and to take out of context) " Let's kill all of the lawyers"

Feb 26, 2011 02:43 PM
Cheryl Allin
VirtuAllin Administrative Services - University Place, WA

Great post, Maureen! Google's results for 'lones group' have already been seriously affected. There are 4 negative posts on the first page of Google alone. It will be interesting going to REBarCamp/Agent Reboot next week in Seattle where Daniel will be presenting. I finally get to meet him in person after enjoying his fantastic blog posts for many years.

Feb 26, 2011 06:37 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Thanks Jack, Bill and Cheryl...  the attorneys are the only ones who are going to win.... unless of course it is just a publicity stunt read  Bob Stuart #15  on Inna Hardison's post. 

Many of US know Daniel.  Does everyone in the real estate industry? Does everyone have the same loyalty to Daniel that  Jay Thompson, Inman, Drew Myers, Matt Stigliano (spelled?),  Missy Caulk,  Melina T.,  Inna, Rich Jacobson, Bob Stuart, trying to remember all the people who have written a post or were very, very vocal on Facebook or Twitter.  

Everyone's been careful NOT to link to Lones pages but is this just a clever ploy to make us all talk about the company?  I mean a lot of the comments on Friday were "huh?" and "I've never heard of them..." What if Daniel is the sacrificial lamb... I'd photo shop a photo of a lamb with zebra stripes but I don't really have the skills nor do I want to get sued by anyone and everyone who has a stake in zebras, lambs, stripes....

Feb 26, 2011 11:47 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

This is really a case of a wolf in zebra's clothing. Frivolous...I see Daniel getting a lot of what will ultimately be free PR!

Feb 27, 2011 12:20 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Gary wrote: "I see Daniel getting a lot of what will ultimately be free PR!"

Local PR?  In his real estate market?  Or national PR?

Feb 27, 2011 12:23 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Though many say that the attorney are the only ones who win, it  is not really true. The judge would not swayed by anyone's popularity on AR of FB, and there would something come out of it, some benchmarks, some opinions, some guidelines.

Unless, of course, The Lones Groups are just complete morons and did it with no reason and expectations.

 

Feb 27, 2011 01:04 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I would hope a judge would not be swayed by popularity... 

 

Feb 27, 2011 01:07 AM
Christianne O'Malley
Dickson Realty - Reno, NV
Exceptional Service - Delivering Results in Reno!

Maureen - I think that Denise will get everything she deserves in the form of completely diluted Google Juice and a bad name in the industry. I really to believe that Daniel will come out unscathed (unfortunately with the exception of a likely large legal bill) and this will be one of those "let that be a lesson to you" moments that will go down in real estate online history. 

Mar 01, 2011 03:37 AM
Lee & Pamela St. Peter
Berkshire Hathaway HomeServices YSU Realty: (919) 645-2522 - Raleigh, NC
Making Connections to Success in Real Estate

Maureen, thanks for spelling out what was going on...  I've been picking up bits and pieces about "Save the Zebra" and thought it might be Daniel...  whom I know just through RE barcamps.  Hmmm, I do find the Lones Group (her newsletter The Zebra Report) very informative... she's a good marketer.  But what I don't understand is when did the word "Zebra" become trademarked?  Daniel's been using the Zebra guise for years now...  I can't remember when I started reading her newsletter but it's been a while too... 

I agree with Jon, don't think the judge/jury will be swayed by AR, FB Twitter or the like. 
Or will they?

Pamela

Mar 01, 2011 07:56 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Christianne What if she has every legal right to the "trade dress" which she is claiming?  Isn't that for the court to decide if the two parties want to let it go to court?  

Might makes right?

I would not have thought the local restaurant Jason's should have to give up his name to a new comer  he did rather than fight a battle for his name with a big chain coming to Columbus. He did not fight it.

Pamela you are familiar with her work!  Other than people in the Pacific NW I have not been aware of anyone who was familiar with the Lones Group.

I don't understand why judges would be swayed by FB, Twitter...  any social media.  Trademark law, copyright law don't change based on the medium do they?  Or not much.  Cybersquatting is something that is done using the Internet but I think the cyber part of it is just a new way of squatting on a brand. 

 

Mar 01, 2011 09:36 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Why don't they also sue every zoo that uses zebras in their promotional material. Maybe they should bar all films and documentaries from showing zebras. Maybe all African safaris should be banned from allowing zebras to be seen. Maybe they should get an injunction against the zebras themselves, barring them from having stripes.

Mar 01, 2011 12:03 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I read this yesterday a press release from The Lones Group.

Also read a great article from an attorney who deals with intellectual property... wish I had a link.  I could find it if I wanted to.

Mar 01, 2011 11:18 PM