In legal terms, how would you call someone who steals customers by using your business name?
This is what happened:
I am a residential cleaning business owner. Three months ago I decided to sign up with ServiceMagic to get some leads. Since this was not working as I expected I terminated their services after a month.
Well, today I was googling the name of my company (just wanted to check what appeared in the web) and noticed that my business' name that appeared listed in the local google pages and the Service Magic profile, that was supposed to be deleted, were still there under this company's contact information. You know what I mean? It was my Company's Name and Profile but instead showing my phone number it showed theirs.
To make matters worst, a current customer called me and said he referred a friend to set an appoinment with us but he was unable to do so. Well, guess what? He typed the name of my company in Google and found us in the local business, when he entered the web page it happened to have ServiceMagic number and was told by a representative that my company did not serve his area and recommended a different company that was nearby and, of course, in business with ServiceM. I was taken by surprise! Can you imagine??? Someone was looking for my business and ended being directed to a different telephone number that has nothing to do with ours and also be referred to a competitor.
I want to take legal action immediately and don't know exactly how to start. If someone looks for my business online because of our reputation "well gained" and end finding ServiceMagic number I am in serious trouble again. I will lose this prospect due to this @#$$! Help Please!
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That would be trademark infringement and passing off. Contact a lawyer.
Edit:
It does not matter that you had an agreement with the company. Your agreement does not give ServiceMagic the right to direct business that is looking for your name to itself. That is illegal and they need to stop it right away and pay for the lost business.
As far as I know, this is not illegal. I have dealt with ServiceMagic before. Call them and tell them to completely remove your profile, company name and any other information from their website. You must provide them reasonable time to do so, usually no more than 3 business days.
Send them an email as their legal, written notice to remove any information regarding your business completely from their website.
IF they don’t comply, THEN begin seeking the advice of an attorney, who will probably just send them a letter requesting they remove your business information (name) from their website immediately.
GOOD LUCK! the internet is a strange world.
p.s. the reason it’s not trademark infringement in this case is because you agreed to their terms at some point before your profile was created. i know, because i have worked with them before. just email them and call them and they will remove your profile.
They lost the right to use your name when you terminated, so you should mention that to them when you call to get it stopped. Give them the name of your lawyer if they don’t seem to understand what you want.