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vlt
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 13:00 
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Dozier Internet Law...lol

I think if you google them you will find that they have a GREAT reputation...on par, if not exceeding John Fay and Aquaponics4you.

Maybe as an attorny for John Fay, Dozier should advise John Fay to relook at his own infringement actions of using other peoples images. Images which have implied copyright which John Fay has illegally used and misrepresented without permission.
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vlt
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 13:01 
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Its only defamation if it is not true.

We KNOW he used RupertofOz's pic and saying it is built using the dodgey Aquaponics4you when it wasnt.
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RupertofOZ
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 13:02 
To be fair... most of the breach of copyright use of images... has occurred on "affiliate" sites, not directly on Mr John Fay's aquaponics4u website...
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earthbound
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 13:27 
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Yes, thats his excuse, it's not me, it's them....

He also has many other registered sites

liberty-loan.com
organizeanddeclutteryourhome.com
virtapay.com
1000percentwinners.com
getgoogleplus1.com
ubercheat.com
NameCheap.com
Besthardanodizedcookware.com
AcneTreatmentFind.com
colorcodedfxtrading.com
celeburbia.com
realtorbusinesscards.net
tellmemore-about.com
mongoporn.com

page after page of cheap crap sites, all registered to the same address...
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vlt
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 13:41 
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earthbound wrote:
mongoporn.com



YOU SERIOUS?!
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RupertofOZ
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 13:42 
earthbound wrote:
page after page of cheap crap sites, all registered to the same address...

And all with the same affiliate marketing content... :wink:
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werdna
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 14:02 
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Reply to a similar letter you received Joel
http://www.citizen.org/documents/directbuyresponse.pdf

And comments on the letter
http://pubcit.typepad.com/clpblog/2007/10/dont-publish-th.html
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RupertofOZ
 Post subject: Re: Cease and desist
PostPosted: Jul 29th, '11, 14:14 
Seems the bloke that registered the web site being discussed... can also make you lose weight... and show you how to remove your own moles... :mrgreen:

Oh... and he has an alternate power generator available as well...
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Ellendra
 Post subject: Re: Cease and desist
PostPosted: Jul 30th, '11, 06:20 
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earthbound wrote:
I've had to remove the image of theirs from my article, and they have said that I can't use the term aquaponics 4 you because they have trade marked it.



Bulls%^#, you are talking about them, you use their name. Pepsi is trademarked too, that doesn't forbid anybody from saying the name when they order one, or from posting an image of you drinking one, with the label showing and everything!
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earthbound
 Post subject: Re: Cease and desist
PostPosted: Jul 30th, '11, 08:01 
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Quote:
Dear Joel,

As expected. Its useless to try to explain to you and I would like to end my correspondence with this email. Theirs no use on keeping on this conversation and wasting each other time about pen names and so on. What I can tell you is that we are a 100% legal business and everything we do is legal and our law firm is full aware of what we do and the use of pen names - which is a common practice.

I tried to explain my position and help as much as i could, you obviously rejected my help and kept on arguing on baseless point. Its obviously that your only aim is to damage our company image because your business is suffering because of our success.

At this stage we have no other option. I hope that you will be happy to waste your time in court.


Thank you for your correspondence. I just sent instruction to Dozier Internet Law to start the filing with the Federal Court of Australia, of which they have a branch in the country. I am not located in Australia and therefore I will not personally take care of this, I will be representative by an attorney from Dozier.


Good Luck


Me thinks he talks more than he'll be willing to act, though I wish he would as it will cost him a lot of money...
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Wildfire
 Post subject: Re: Cease and desist
PostPosted: Jul 30th, '11, 08:22 
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lol what a retard, only in america
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Bushy
 Post subject: Re: Cease and desist
PostPosted: Jul 30th, '11, 08:33 
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Reckon he graduated from at least 3rd year of school....... :whistle:
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KudaPucat
 Post subject: Cease and desist
PostPosted: Jul 30th, '11, 08:33 
Seriously, this cant be healthy.
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Ellendra wrote:
earthbound wrote:
I've had to remove the image of theirs from my article, and they have said that I can't use the term aquaponics 4 you because they have trade marked it.



Bulls%^#, you are talking about them, you use their name. Pepsi is trademarked too, that doesn't forbid anybody from saying the name when they order one, or from posting an image of you drinking one, with the label showing and everything!


Actually, the reason they hide the labels in movies is twofold.
A) so as not to give advertising unpaid for.
B) because just publishing an image can be considered libel.

libel by association.
For example, if pepsi were Tobermory featured as the mixer drink of choice in an anti alcohol campaign, they could get upset that they're being associated with booze, when that's not the image they've built for themselves. Ppl might boycott their product because they saw it innocently used in a negative light. It's all about perception. Joel did the right thing, in giving this schiester lawyer nothing to go on...
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earthbound
 Post subject: Re: Cease and desist
PostPosted: Jul 30th, '11, 08:51 
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It's just so silly to rant and rave, it costs a lot of money, we've received advice from lawyers in the past and nearly always it's a case of "don't worry about it, unless you have lots of money you want to throw at this issue for something you may or may not win, it really isn't worth it."

This guy runs dozens of dodgy websites selling crap e-products, this is just one of them. And besides, I have acted on everything he asked, the only thing I haven't done is remove the term aquaponics4you, and remove my opinions. I don't believe it's against the law to state opinions or facts, and so far as trademarks, I believe he is getting confused about how trademark laws work. At least I hope so.. I'm pretty sure he can't demand I remove any occurrence of "aquaponics4you".. :dontknow:

We'll see, my guess is that I'll hear no more..
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arbe
 Post subject: Re: Cease and desist
PostPosted: Jul 30th, '11, 09:33 
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Quote:
I tried to explain my position and help as much as i could, you obviously rejected my help and kept on arguing on baseless point. Its obviously that your only aim is to damage our company image because your business is suffering because of our success.


In my opinion (just to cover my ass) the onthatching that is going to suffer is the reputation of Aquaponics in general all thanks to dodgy people trying to make a quick buck.

Again, in my opinion, this guy is attempting to leverage off the successful name of Backyard Aquaponics. If he isn't then let's see him remove the term 'Backyard Aquaponics' from all of his websites including any attempt to use it to appear in search results.

All this 'in my opinion' reminds me of an incident that occurred many years ago in a basketball game. A player says to the umpire "Can I get a tech foul for what I am thinking?". The ump says "No.".

The player responded with "I think you are a D... H..."

Still got a tech foul.
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