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Pastimes : Business Wire Falls for April Fools Prank, Sues FBNers -- Ignore unavailable to you. Want to Upgrade?

To: Don Pueblo who wrote (1288)	5/2/1999 11:03:00 AM
From: TideGlider	Respond to of 3795

It is interesting how another very large organization handles infringement. They may be nonprofit yet do receives fees and monies to further their interest. bbb.org List of Companies that do not have our permission to use BBB trademarks and have refused to comply with repeated requests to stop using them Below are companies that are falsely conveying an affiliation with or sponsorship by the Better Business Bureau through unauthorized use of BBB trademarks. These businesses have ignored numerous requests to modify their advertising or web site by eliminating use of BBB trademarks. For more specific information about each company, including any existing BBB complaints, please contact the BBB specified below. Company name: The Infinity Group Location: Fairport Harbor, Ohio URL: Web site now inaccessible. Problem currently exists in newspapers and nationwide mass mailings. Problem: This company falsely states in its advertising materials that it is a BBB member "in good standing" or a business with an excellent BBB record, and it had made similar claims in its web advertising. Infinity Group is not a BBB member and in fact has an unsatisfactory record with the BBB. Several states, including Missouri and New Hampshire have issued cease and desist orders against Infinity Group for violations of securities laws. Contact: Cleveland, Ohio BBB Company name: Destiny Telecomm International Inc. Location: Oakland, CA URL: rouge.net Problem: Destiny operates through independent representatives. The Council has written to every independent representative of which it is aware who has misused or infringed on the Council's trademarks in web advertising. All but two have complied with our requests to delete reference to the Better Business Bureau. The remaining two, however, continue to falsely claim that Destiny is a member of the Better Business Bureau or that it has a favorable record with the BBB. In fact, Destiny was expelled from membership in the Oakland BBB for a pattern of unresolved complaints and government action. Contact: Oakland, California BBB Company name: Global Marketing Group Location: Phoenix, AZ and the Cayman Islands URL: various Problem: This company markets offshore credit cards over the Internet through independent representatives, many of whom are falsely claiming affiliation with the BBB. In August 1997, Arizona law enforcement arrested the GMG president on charges including fraud and operating an illegal enterprise. The case is pending. Meanwhile, independent representatives of GMG still have operational web sites. Contact: Phoenix, Arizona BBB Company name: Be a Millionaire in Thirty Days: Michael Payne Location: North Carolina URL: Not Applicable. Business Opportunity promoted in small ad in papers such as the National Enquirer. Those who respond receive a one-page flyer bearing a phony BBB CARE logo. Problem: Run by Michael Payne, this business opportunity promises to make participants millionaires in thirty days. Mr. Payne's advertisements display a phony BBB CARE logo that states "A Customer Assistance Program of the BBB of Wisesnain, Inc." Mr. Payne is neither a participant of BBB CARE, nor a member of any Better Business Bureau. Furthermore, the "BBB of Wisesnain, Inc." does not exist. Both the North Carolina Attorney General's office and federal postal authorities are investigating this business opportunity. Contact: Raleigh, North Carolina BBB Company name: Top Secrets, formerly known as Fortune 5000 Location: Junction City, Kansas URLs: myfreeoffice.com/kevlar/; www.fun4you.com/for5k.html; www.myfreeoffice.com/mlmopps/fortune.htm; encyberpedia.com Problem: Top Secrets, a business opportunity corporation, operates through independent representatives. On the web sites noted above and perhaps others, Top Secrets' representatives either falsely state that their parent company is a member of the Better Business Bureau or make impermissible references to the Better Business Bureau name in their web advertising, such as "registered" or "listed in good standing" with the Better Business Bureau. The Council contacted Thomas Michaels, the CEO of Top Secrets, to alert him of this infringement on our trademark. He agreed to ask all his representatives to eliminate all references to the Better Business Bureau from all Fortune 5000 or Top Secrets' web sites and other advertising; however, compliance has been irregular. No independent representative of Top Secrets is authorized to use the Better Business Bureau trademark in their advertising. TG

To: Don Pueblo who wrote (1288)	5/2/1999 11:11:00 AM
From: Solon	Read Replies (2) \| Respond to of 3795

I will also keep an eye out for that, TLC. Just no time right now. I have a lot of art books, too, but most are only partly read. That sounds like it likely came from a biography, and could possibly be anecdotal. Back to barb wire fences: Has anyone mentioned the duty to mitigate damages that applies to the plaintiff, and their obvious failure in that respect. Possibly their failure obtained from the fact that there were no damages to mitigate other than what they created out of their own caprice. I have said it before and I will say it again. I would countersue, and I would take a strong OFFENSIVE. And you don't go to some kid in the firm. You pick the top dog and you ask the price and you direct him/her to win the case and see that you are amply compensated. Just my opinion...but I learned it the hard way... Barry