Urgh. I feel violated.

19 replies
Hey all

I've been missing in action for over 2 months because of two deaths in my family. I'm trying to get back in the hang of things now.

I have had my website/mom blog for almost a year now. Several months later, someone registered the same domain name with the word "the" in front of my name. She is using the same name on Facebook also. She is blogging about similar stuff and has used the same Wordpress themes as me.

I am filing for an LLC because I am making money via affiliate/adsense. I guess there is nothing I can do but file a trademark. I "feel violated" because that was my domain/facebook name....yes I know it really isn't MINE, but it is....know what I mean?

This is a vent post; however, I would appreciate any suggestions!
#feel #urgh #violated
  • Profile picture of the author masterjani
    POST the same Problem in your site.And clear your visitors that your site is real and don't have any sister sites.Content quality and site age matters a lot.Trademark will help but not for all.Because she uses an additional "the" you can't complain.You can complain when she copy your content.Use copyscape in your websites.
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    • Profile picture of the author mikeroosa
      My suggestion is move on and don't worry about it. Focus on the things you can control like your site and your image.
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  • Profile picture of the author Gourmet Gifts
    It is frustrating, I have a similar problem with a local competitor who regularly mixes keywords so she shows high in my domain name results. There is little you can do, except approach the person and try and seek a reasonable conclusion.
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  • Profile picture of the author Latsyrc
    Thanks for the advice everyone. If I were to get a trademark, would the apply to websites using the word "the" as well?
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  • Profile picture of the author DrewClement
    Not to come off in the wrong way, but this isnt worth really stressing about or using a lot of your time to figure out. A trademark isnt going to do a whole lot at all in the matter, and if you go that route you are just going to end up chasing a lot of people, spending all kinds of money, and dealing with legal issues.

    Just use the time on making your content better, connecting with your readers, and building legitimacy on your own.

    my two cents anyways
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    • Profile picture of the author sam12six
      Like others have said, don't get caught up in the drama of the "competition". Move on or keep plugging away.

      It's like finding the perfect fishing spot at a public lake where you have peace and catch a ton of trophy fish, then one day you show up and there's a family of Cajuns with 30 lines in the water and 2 jet skis zooming around. It sucks, but there's nothing to be done but to endure or vacate.
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  • Profile picture of the author Latsyrc
    Yeah you all are right, thanks. Sometimes competition makes me work more.
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  • Profile picture of the author TracyNeedham
    I have to say, I would be tempted to buy the domain "theREAL" then your domain name and point it at my site.

    I know, it doesn't change the situation but it would be kind of funny. LOL
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    • Profile picture of the author Brian Alaway
      Originally Posted by TracyNeedham View Post

      I have to say, I would be tempted to buy the domain "theREAL" then your domain name and point it at my site.

      I know, it doesn't change the situation but it would be kind of funny. LOL
      LOL
      Could be fun:
      theOriginal
      theOneandOnly
      theBest
      theFirst
      theCoolest
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    • Profile picture of the author ksmusselman
      Originally Posted by TracyNeedham View Post

      I have to say, I would be tempted to buy the domain "theREAL" then your domain name and point it at my site.

      I know, it doesn't change the situation but it would be kind of funny. LOL
      I was thinking along those lines too. Or, in your Title add the words "THE ORIGINAL ..."
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  • Profile picture of the author tsuccess
    I know what you mean, man that sucks. It's like that person is a leech sucking from your success. It's good to be inspired by someone elses success, but people have to learn how to make their own progress.
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  • Profile picture of the author Alan Petersen
    Not to be harsh but you need to focus more on improving your site. The "the" site has you beat on SEO meta tags etc.

    She's even #1 on google for you site's name with the "the" in the domain. That's probably why she felt she could take you on.

    So focus on that first.

    On the trademark, you can check to see if it hasn't been trademarked:

    http://tess2.uspto.gov/

    Then file. That might get the ball rolling.
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    • Profile picture of the author Latsyrc
      Originally Posted by Alan Petersen View Post

      Not to be harsh but you need to focus more on improving your site. The "the" site has you beat on SEO meta tags etc.

      She's even #1 on google for you site's name with the "the" in the domain. That's probably why she felt she could take you on.

      So focus on that first.

      On the trademark, you can check to see if it hasn't been trademarked:

      http://tess2.uspto.gov/

      Then file. That might get the ball rolling.
      I am doing the Google dance. I just started doing more frequent posting. I was always number one until last week. My Facebook page was number 2. I googled myself like every other day. So I am aware of that. I guess I need to beef up my SEO incase my brand name becomes popular.

      Thanks for link to the trademark info, I'm going to look.
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      • Profile picture of the author FredJones
        Take it easy. Apart from the trademark, word the content of your site appropriately so that it becomes very clear that you are the one and only Counselor Mom site. Any other site of similar look, feature or design is a para-site.

        If you have a forum in your site then open a new thread and engage your users to enhance the mindshare too.
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  • Profile picture of the author BlondieWrites
    As far a trademark, I am not sure that it would make a difference with this other person's site since she bought a domain name without a trademark in place.

    I wouldn't worry myself over her having bought a domain name with *the* in front of the domain name you have. IF she is copying your content, THEN I would worry and do something about that. And if the theme she has was your theme that you designed or have a copyright on, then I would do something about that also.

    I understand it's frustrating but it's not worth getting upset over unless the person is copying your stuff.

    A lot of people buy domain names with *the* ahead of a domain name that's taken, along with other words. So, to me, that's not a big deal. A lot of people use the same Wordpress themes. So unless the other person has done something illegal, I'd move on and concentrate on your site and catching up from your time away.


    Cindy
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  • Profile picture of the author Arakestraw
    I understand how fustrated you must be. My little sister went through almost the same thing. She is a photographer and someone copied her website address with adding "the" infront of it. This person also copied her photos and her themes. It is sad that people will go that far. Do what you need to do to make yourself feel at ease. There are so many different websites and blogs that have one word difference. I would suggest updating and changing your page to keep it fresh and new.
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  • Profile picture of the author CDarklock
    Originally Posted by counselormom View Post

    I guess there is nothing I can do but file a trademark.
    Registering your trademark requires longer usage of the mark than you've got.

    HOWEVER, you already have limited trademark rights in it. Speak to an IP attorney about the details, but you can advise this person that they are infringing on your rights and you intend to defend them.

    Also check the ICANN Uniform Dispute Resolution policy and consider taking action under it.

    If you do contact this person or their registrar, state specifically that this activity is likely to cause confusion to consumers. That's the money phrase that sets off "lawsuit" alarms in their head.

    A lot of registrars and hosts are very, very paranoid about this. You may be surprised at how quickly and easily they want to shut down that competitor and sometimes even turn over these assets to you.
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  • Profile picture of the author emmanueljcmarquez
    You can do nothing since its not your trademark yet, but do your best to give more better advices and contents and I am sure readers will be coming in and out of your site
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