19 replies
Hey guys,

I have some serious questions here. As some may know I have started a directory website based in my local community. So far things are going pretty good.

Until some nasty emails today.

There are two other businesses in my town that also sell directory listings, but their packages, what they offer, and everything else are not the same as mine.

I contacted one business who happens to have a listing with one of these companies, and i guess they forwarded the email to the company.

The company emailed me "warning" me. They said to shut down immediately. They said "You will no longer be associated with your directory".

Here are my questions for you guys:

1. Is there anything legal, that they can do to me for selling listings? Even though mine are very different, and not the same.
2. Should I have my business registered? Right now its run online mainly and as far as payments or anything, they are made out to me. But should i get my business registered?
3. Is there anything legal they can do for me contacting their clients?
4. Is there any legal way they could shut me down, if they truly wanted to?


Thanks guys for all your insights! Everything was going great until receiving this email from this business.

Hope you can add some reassurance to my situation!
#directory #legal #touched
  • Profile picture of the author nextgeneration
    Ignore them and keep doing what your doing. Keep copies of everything they say to you and if they threaten you again you can get a lawyer to send a notice to them.

    Lawyers are very good to have as friends!

    Edit: you are obviously doing something right if they are threatening you

    Edit 2: I talked to my in-house counsel and they said that if its to the point of here you are sacred for your well being that you should contact the police and then your lawyer. They said that if it is just an email then you should contact a lawyer as it depends on what was said ect.
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    • Profile picture of the author Corymoore
      Originally Posted by nextgeneration View Post

      Ignore them and keep doing what your doing. Keep copies of everything they say to you and if they threaten you again you can get a lawyer to send a notice to them.

      Lawyers are very good to have as friends!

      Edit: you are obviously doing something right if they are threatening you
      Oh exactly my thoughts. It seems like fear.

      I was actually friends with this owner at one time, and now this.

      So legally, there is nothing they can do to shut me down, or stop me from selling my services or contacting their clients ?
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  • Profile picture of the author nextgeneration
    I edited my original post. I would consult an attorney about that as it all depends on certain things
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    • Profile picture of the author Corymoore
      Originally Posted by nextgeneration View Post

      I edited my original post. I would consult an attorney about that as it all depends on certain things
      Thanks!

      I'm definitely not scared for my well being.

      The email was simple and included the email i sent to their client and said:

      "This is your warning. Soon you will no longer be associated with The Valley Directory. I urge you to shut down your business immediately."
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      • Profile picture of the author SirThomas
        Originally Posted by Corymoore View Post

        Thanks!

        I'm definitely not scared for my well being.

        The email was simple and included the email i sent to their client and said:

        "This is your warning. Soon you will no longer be associated with The Valley Directory. I urge you to shut down your business immediately."
        Why would they say that you soon will no longer be associated with their directory? Are you a part of their directory now?

        Thomas
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        • Profile picture of the author Corymoore
          Originally Posted by SirThomas View Post

          Why would they say that you soon will no longer be associated with their directory? Are you a part of their directory now?

          Thomas
          The Valley Directory is mine. They said ill soon no longer be associated with my business basically..
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          • Profile picture of the author SirThomas
            Originally Posted by Corymoore View Post

            The Valley Directory is mine. They said ill soon no longer be associated with my business basically..
            That's pretty stupid. They are probably operating their biz from abroad and use copy/paste to write their letters
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        • Profile picture of the author vndnbrgj
          Have you used any of their information in your marketing materials?

          If you have used their info, you can be verging on a copyright infringement.
          If you talk about them, you could get in trouble for slander.

          Without knowing more details, if you aren't doing either of those... laugh.
          Start offering more value and market to all of their customers!
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  • Profile picture of the author wally247
    I agree. Ignore these douchebags...what are they going to do, hit you with negative SEO or something...

    Dorks!
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  • Profile picture of the author Lopaca
    First thing I would suggest is be sure you form a legal entity. In some states if you offer any type of services for pay you have to have a business license as well as a tax ID. This is not a big deal as most states it's just a few dollars. You don't have to be a corp or LLC you can just be a Sole Proprietor. Once you have this out of the way this other company can suck eggs because they can't do Jack to you. That's the free enterprise system. If they tell any other business that they will cut them off their list if they do business with you, I would tell them to just do it then. Just more business for you. Get tough, get their list of businesses on their directory and go after those businesses and offer them a killer deal to be on your directory....Hey it's war man!!!

    Just an old marketers opinion
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    • Profile picture of the author Corymoore
      Originally Posted by Lopaca View Post

      First thing I would suggest is be sure you form a legal entity. In some states if you offer any type of services for pay you have to have a business license as well as a tax ID. This is not a big deal as most states it's just a few dollars. You don't have to be a corp or LLC you can just be a Sole Proprietor. Once you have this out of the way this other company can suck eggs because they can't do Jack to you. That's the free enterprise system. If they tell any other business that they will cut them off their list if they do business with you, I would tell them to just do it then. Just more business for you. Get tough, get their list of businesses on their directory and go after those businesses and offer them a killer deal to be on your directory....Hey it's war man!!!

      Just an old marketers opinion
      Exactly what I was thinking as well! Thank you!

      I'm located in Ontario, Canada .. i'm not sure where to find information on if i need to be registered or not to sell services. I don't charge tax, its strictly 100$/year listing type deal, and if paid by cheque it is made out in my own name. So, technically they are paying me personally for a service.
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      • Profile picture of the author shane_k
        Originally Posted by Corymoore View Post

        Exactly what I was thinking as well! Thank you!

        I'm located in Ontario, Canada .. i'm not sure where to find information on if i need to be registered or not to sell services. I don't charge tax, its strictly 100$/year listing type deal, and if paid by cheque it is made out in my own name. So, technically they are paying me personally for a service.
        You do realize that up here in Canada you can get a free consultation with a lawyer?

        Take advantage of that and talk to one. Explain the situation.

        He will give you advice.

        The part you will have to pay for is if you want him to take action on your behalf.

        Just make sure to also realize that you are on an international forum and the advice that you receive here is not legal advice but just people's opinions.

        So it's always best to talk to a Real, Living, Breathing Lawyer from your Country, State, or Province.
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  • Profile picture of the author Lopaca
    Canada has very similar laws relating to running a business. We have na office in Kelowna BC and have to deal with both US and Canadian laws...Pain in the butt but you gotta do it. It is very important that you go to your provisional offices and find out what licensing you will need for your province. Each province has different regulations and tax reporting. Whether you collect tax or not you are subject to a couple taxes in Canada so be sure you get your legal status correct or this other company could get you jammed up. Your Provincial Office will help you and it's not thay expensive and can be done in about an hour of running around.
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    • Profile picture of the author Corymoore
      Originally Posted by Lopaca View Post

      Canada has very similar laws relating to running a business. We have na office in Kelowna BC and have to deal with both US and Canadian laws...Pain in the butt but you gotta do it. It is very important that you go to your provisional offices and find out what licensing you will need for your province. Each province has different regulations and tax reporting. Whether you collect tax or not you are subject to a couple taxes in Canada so be sure you get your legal status correct or this other company could get you jammed up. Your Provincial Office will help you and it's not thay expensive and can be done in about an hour of running around.
      I'm on the online business name registration site as we speak! Only 60$, and gives you a Master Business License.

      Aside from them jamming me up, there is pretty much no way they could sue me, or do something to shut me down?
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  • Profile picture of the author Lopaca
    Naaa. They are just trying to act all tough to try and intimidate you. Show them that you can't be pushed around. A Warrior don't take no shit!!!
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  • Profile picture of the author Corymoore
    GOT THAT RIGHT !!

    They're scared! Warrior came to town, and its battle time !
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  • Profile picture of the author KyleGolemMedia
    Sounds a lot like a company I was doing work for. Upon quitting, the owner tried to hold pay he owed me until I signed a bogus "release" form. What he didn't understand is I wasn't under a contract or a non-compete or an NDA. I hadn't signed anything.

    Some people are just stupid, scared, and run out of solutions. You've experienced just that. Lawyer up and that'll shut him up.
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  • Profile picture of the author farkry
    You are a WARRIOR !!!! don't just continue what you're doing, go even harder ..... Destroy them! Make sure you are legal, make sure your directory is better than theirs and then approach and steal all their customers. Grind them to freakin dust for their insolence.
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  • Profile picture of the author wackiin
    if you are not infringing on his copyright if he has one,or using any of his name etc
    Could be simple as some contracts with his name removed etc

    If you are not doing any of that Id tell um to get bent. Keep a lawyer on retainer
    best is one that does online and offline.
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