Dear: Small Business Owner
August 4, 2007
RE: Terri (A.K.A. Terry) Joelle Polk Chambers/Former Contract Guide
Dear: Small Business Owner
We are all too familiar with the many challenges of owning and operating a small business on a day-to-day basis. One of the most daunting challenges we face is hiring honest and trustworthy employees and contractors to represent our company. With that said, it has come to my attention that one of our former contract employees – Terri Joelle Chambers, A.K.A. Terry Chambers – has been conducting guided tours in the Charlotte area. Note: Right click on link and chose "Save Target As" to download video.
Before conducting professional tours for our company, Ms. Chambers was providing manicures and pedicures here in Charlotte, and before that, she stated that she was a street hustler on the mean streets of Philadelphia, PA – her hometown. She had absolutely no experience in public speaking or leading a guided tour. I decided to take a chance on Ms. Chambers because of a positive referral from one of our more experienced and trusted contract guides. This guide has since distanced herself from Ms. Chambers because of issues concerning trust. During her detailed and extensive training, she received proprietary and privileged information concerning our tours and standard operating procedures. Before her training commenced, she was required to and did sign a non-compete and non-disclosure agreement. Our agreement stated that she would not compete with our company within a 50-mile radius of Charlotte, NC. In addition, Ms. Chambers agreed to refrain from disclosing any sensitive information concerning our company and employees to any one for any reason.
Ms. Chambers has since breached her contract and have conducted tours for Charlotte Arrangements and several other local bus companies. During her full-time employment with Charlotte Arrangements, she was party to the illegal infringement of our registered Service Mark – Queen City Tourssm. Their company conducted “A Day with the Queen City Tour” for approximately two years before they parted company. Apparently their goal was to steal our loyal customers by deceiving them into think that they were taking our more popular tour. For your information, using a business name or trade/service mark that is exact or similar to one that is already in use is illegal in accordance with North Carolina General Statues.
§ 80‑11. Infringement.
Subject to the provisions of G.S. 80‑13, any person who shall
(1) Use in this State without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this Article in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this State of such goods or services;
shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in G.S. 80‑12, except that under subdivision (2) hereof the registrant shall not be entitled to recover profits or damages or any penalty unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive. (1903, c. 271, s. 6; Rev., s. 3019; C.S., s. 3978; 1967, c. 1007, s. 1.)
During this period, we sought monetary relief in Small Claims Court in Mecklenburg County.
Our hopes were that Ms. Chambers would voluntarily adhere to her agreement to not compete and discontinue her and Charlotte Arrangement’s unethical and illegal attempt to steal our customers. To our surprise, she changed her entire demeanor and was able to hustle the judge into expressing sorrow for her and her financial situation. She testified that she was in financial despair because of her recent divorce and that the alleged illness of her mother had left her financially strapped. All the while, she was maliciously filing charges against me for stalking in what I consider an attempt to intimidate me from continuing our small claims action. Each of her false claims, however, were promptly dismissed without her testimony and I have filed a complaint – in Superior Court – against her for filing multiple false charges.
In addition, Ms. Chambers is currently employed by the City of Charlotte as a Passenger Vehicle For Hire Inspector and has cited my company for fines totaling $600.00. That CMPD stop frightened one of our guest so that she was compelled to leave a startling verbal account of her ordeal. I have of course appealed the fines and have filed an official complaint with the Mayor’s Office.
The purpose of sharing this information with you is to provide you with background information on Ms. Chambers’s unethical and illegal activities concerning our company. In addition, we are officially notifying you that we will soon be seeking criminal federal charges against her. These federal charges will have no bearing on the previous civil claims filed. Our criminal investigation is currently underway and includes audio and video surveillance of any activities considered in violation of applicable federal laws.
If you have contracted or are thinking about hiring Ms. Chambers to conduct local tours, your company is subject to be included in our surveillance and hence you may be compelled to testify or provide a written statement to the federal authorities. In addition, we will be distributing informational flyers to groups that are being serviced by Ms. Chambers. The flyers will inform said guests that they are being video and audio taped as part of a federally-based criminal case.
As a small business owner, you realize how damaging a dishonest employee/contractor can be to the overall success of your company. With that said, I appreciate any assistance that you can provide us in making sure that you do not become the victim of the very same individual that we placed insurmountable trust.
If you have any pertinent information to share concerning this matter, please forward it to jwhipple@queencitytours.com