charlotte fence company OLD logo is now charlotte fence company NEW logo
The ORIGINAL Charlotte Fence Company stands by its name and THREE YEARS reputation and therefore has sued Todd Forrest of Forrest Fence Company. A copy of the lawsuit reads below but we abandoned the lawsuit because of the cost. Forrest Fence Company began advertising themselves on websites including Google Maps as Charlotte Fence Company to try to steal people who REFER the company we established. Todd Forrest's bad, desperate, and unethical business tactics are not unheard of, many companies have started resorting to shady business methods as the U.S. economy continues to struggle. Another person did the same and is another example of this economic desperation, trying to use our name to get REFERRAL work. Sorry Todd, that's the TRUTH.
 

WE WILL BEAT ANY "CHARLOTTE FENCE COMPANY" BY $100 OR FORREST FENCE COMPANY" PRICES BY $200 or more.

Price Match Guarantee on any fence over 200 linear ft. Any style. Must provide estimate for any aluminum fence or wood fence to receive discount, Charlotte area only.

Our old phone number was 704-200-6256 If you are calling 704-200-6256 the new phone number is 704-726-8674. Thank you.

 

 

The irony of this case, was that we contacted Todd Forrest and offered to give him all of our wrought iron, aluminum, and chain link fence jobs if he would just stop stealing the name and website name. Todd Forrest is similar to Ken Plain who really believed that Google would rank him higher for terms like Raleigh Fence Company. Where is he at these days?

charlotte fence company stamped clerk of courts served lawsuit todd forrest fences

The lawsuit initally was returned to sender, Todd Forrest decided to refuse our certified letter, then the mailman or a mail person at the Stanley County office must have kept our $15 and thrown away the paperwork, and so the lawsuit was never filed initially, it has since been sent back in with a check for the $15, but we ultimately filed a motion for dismissal because we would rather find a new company name than waste money trying to keep a company name that is generic at best. However, we still feel like what they did by trying to steal a business name that was already established and so someone stole our business name and our $15. Tough life.

State of North Carolina
County of Stanly

In The General Court of Justice
District Court Civil Division
     

 

Plaintiff


vs.

 

Defendant

Todd Forrest (note: Owner of Forrest Fence Company)

Case No.     11-CVD112

 

COMPLAINT

COMPLAINT

STATEMENT OF COURT’S JURISDICTION

 

Defendant is a resident of Albemarle, Stanly County, North Carolina and is continuing financial harm to Plaintiff. Plaintiff needs an immediate injunction against the Defendant. This Court has subject matter jurisdiction over this action pursuant to NC Gen. Stat. §7A-240 and NC Gen. Statute §7A-243. The Courts of the State of North Carolina are authorized to exercise personal jurisdiction over Defendant pursuant to NC Gen. Stat. §1-75.4.

STATEMENT FOR CLAIM OF RELIEF

  1. Plaintiff is a person who is a citizen and resident of Raleigh, Wake County, North Carolina who was doing business in Charlotte, Mecklenberg County, North Carolina.
  2. Defendant is a person who is a citizen and resident of Albemarle, Stanly County, North Carolina who was doing business in Charlotte, Mecklenberg County, North Carolina.
  3. On 8/23/2007, charlottefencecompany.com was a domain registered to an owner who began selling fences under the name of Charlotte Fence Company.
  4. Plaintiff sold fences under that name for 3 years and more than $250,000 in sales were sold under that brand name, and continues to sell fences under that brand name.
  5. Defendant registered the business name ‘Charlotte Fence Company’ with the Secretary of State and began using charlottefencecompany.net among other Internet sites like Google Maps to create a campaign of confusion for potential clients.
  6. Plaintiff never gave up common law trademark rights to the words Charlotte Fence Company, despite not having a business name as such.
  7. Plaintiff has suffered financial harm because of Defendant’s actions.
  8. Plaintiff has suffered financial harm because of Defendant’s actions.
  9. The actions of Defendant as alleged herein, were in or affecting commerce as such terms are defined in NCGS §75-1.1 et seq.
  10. The actions of Defendant as alleged herein, constitute unfair and deceptive trade practices pursuant to NCGS §75-1.1 et seq.
  11. Plaintiff are entitled to an award of their reasonable attorneys fees pursuant to NCGS §75-16.1.
  12. Plaintiff are entitled to an award of treble damages pursuant to NCGS §75-16.

concord kannapolis NC deceptive business techniques todd forrest fence comapny

WHEREFORE, Plaintiff respectfully prays that the Court:

  1. Issue a temporary restraining order until permanent relief can be granted.
  2. Costs, attorney fees, and treble damages as determined by the Court.
  3. Issue an Order for Defendant to immediately cease all operations under that name and hand over the domain charlottefencecompany.net

      This  _29_ day of December, 2010

BY:      _____________________________
PLAINTIFF

State of North Carolina
County of Stanly

In The General Court of Justice
District Court Civil Division
     

 

Plaintiff, Counter-Defendant



vs.

 

Defendant, Counter-Plaintiff

Todd Forrest

Case No.     ________

 

MOTION FOR PRELIMINARY INJUNTION

 

MOTION FOR PRELIMINARY INJUNCTION

 

NOW COME Plaintiff, pursuant to NCGS §1-485, and hereby moves the Court to issue a Preliminary Injunction enjoining the Defendant from using the words Charlotte Fence Company and from otherwise engaging in conduct that results in harming Plaintiff.

In support of this Motion, Plaintiff has filed a Verified Complaint which seeks damages for unfair and deceptive trade practices. If Defendant is not enjoined from falsely representing his company, this action will cause immediate and irreparable injury, loss and damage to Plaintiff as set forth in the Verified Complaint.

The Plaintiff is entitled to the relief demanded, and this relief consists of restraining the commission or continuance of Defendants actions, continuance of which, during litigation, would produce injury to the Plaintiff.
WHERFORE Plaintiff prays to the Court that Defendant be preliminary enjoined from his behavior and conduct.

      This  _27_ day of January, 2011

BY:      _____________________________
Plaintiff

CERTIFICATE OF SERVICE
The undersigned, as Plaintiff hereby certifies that on this date he served a copy of the foregoing document upon Defendant by U.S. Mail and email, by placing a copy of same in the United States Mail in Raleigh, North Carolina, postage prepaid, and addressed as follows:
Mr. Todd Forrest
27102 Burleson Rd.
Albemarle,  NC  28001
This the _31_ day of January, 2011.
Plaintiff  _____________________

Another attempt was by charlottefencecompany.org, the shady business tactics by another competitor and another example of how not to do business. This screenshot below of former website charlottefencecompany.org clearly shows that they were using the name "Charlotte Fence Company" in a manner that would imply that we somehow sponsored or supported Backyard Fence and Specialties. Charlotte Fence Company in capital letters followed with the word presents, gives no other possible explanation of good business tactics. These sleezy, desperate, and misleading tactics are frowned upon by any REPUTABLE marketing company or business.

THIS OTHER EXAMPLE HAS SINCE BEEN RESOLVED WITH THE OWNER.

false advertising

This is why you have the Sheriff serve the Defendant the lawsuit. Todd Forrest was served on February 1, 2011.

refusal letter of service for lawsuit

State of North Carolina
County of Mecklenburg

In The General Court of Justice
District Court Civil Division

 

Plaintiff



vs.

 

Defendant

Todd Forrest

 

Case No.     ________

 

Motion To Dismiss

BACKGROUND

The nature of this action is a result of Defendant’s actions on the Internet allegedly using Plaintiff’s common law trademarks in a manner likely to confuse potential customers.

MOTION
I hereby move for The Court to dismiss this complaint. The complaint is full of merit and is not the basis for the dismissal. The jurisdiction is many counties away since I am a Wake County resident. I cannot afford at today’s gas prices of more than $3.50 to have to appear for motions and hearings on the various matters throughout the case. It is my request that the matter be dismissed, as we plan a less generic company name for our business.  

      This  __ day of March, 2011

BY:      _____________________________
Plaintiff