Plagiarists!

[NeO]

One of my clients has been plagiarized several times over!

I've been working on having sites pulled for the last two weeks now... and it's completely frustrating!

My client Dr. Ann Louise Gittleman - NY Times best selling author of the Fat Flush Plan and 25 other books is ripped off all the freaking time!

Here's just a few sites that I've been trying to get pulled:

www.fatflushers.com (now tell me that's not a trademark infringment!)

Here's the one of the worst that I've come across so far!

Hello Melbourne IT,

The site www.comboweb.com (which has your company listed as the registrar) is blatantly disregarding the terms and conditions of your Domain Name Registration Agreement as outlined here:

14. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:

14.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;
14.2 for the resolution of disputes concerning the domain name; or
14.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.
In addition to the above rights, Melbourne IT may suspend or cancel the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if as reasonably determined by Melbourne IT in its sole discretion, the Registrant or any other person uses the domain name in connection with:
14.4 any activity that infringes the intellectual property rights or other rights of third parties;
14.5 any activity that defames or disparages any person; or
14.6 any otherwise illegal or fraudulent activity.

Proof can be seen here : www.comboweb.com/internal_flush.htm

This site infringes upon the registered trademark "Fat Flush." There are several instances of copyright infringement of the book The Fat Flush Plan as well as several instances of actionable false advertising.

The words "This Breakthrough Weight-Loss Program that melts fat from hips, waist and thighs and reshapes your body while detoxifying your system" is taken verbatim from the cover of The Fat Flush Plan.

In addition, the site goes on to sate "CNN, New York Times, LA Times, Good Morning America, Woman's World and Self Magazine report:" following with a list of accolades and protocols taken directly from The Fat Flush Plan. These television shows, newspapers and magazines are where either the author, Ann Louise Gittleman, or her book were prominently featured as promoted on her website: www.annlouise.com in the About Ann Louise section which discusses her bio.

This site is clearly trading on Dr. Gittleman's credentials and the extensive reporting of her Fat Flush program.

The site continues with another phrase lifted verbatim from the jacket of the cover of The Fat Flush Plan when it uses Gittleman's exact words from the inside cover "flushing out' stubborn fat while retaining crucial nutrients.

Most reprehensible of all is the use of Gittleman's protocols taken from pages 54 and 56 of her book under the Meal Plans section.

We appreciate your prompt attention to this matter, as this email will also be forwarded to the appropriate ICANN representative for their review.

David Brown

and one last guy that has just copied exactly out of the book - the exact diet plan!

http://www.natura.org.uk/fatflushplan.htm

This guy is an IDIOT! not only is he ripping off one of my clients... but also my other client... Uni Key Health Systems!

So far I've contacted the registrars / ICANN / Started the UDRP process and sent out cease and desist letters to all involved parties... Too bad that we have all of these "legal channels" that we feel obliged to run through... In my earlier days of being young & dumb... I'd just hack their site... but then I'd be liable! Grrrrrrrrrr

Anyone have any suggestions as to how we could expedite the process?

Thanks in advance

David Brown / NeO

[John Scott]

There are some pretty good laws on the books about typo-squatting and trademark infringement in domains.

On the ripped content, did you do a DMCA complaint?

[NeO]

Originally Posted by JohnScott

There are some pretty good laws on the books about typo-squatting and trademark infringement in domains.

On the ripped content, did you do a DMCA complaint?

Yup forgot to add that to the list DMCA complaints were registered...

Any links to the typo-squatting and trademark infringement in domains?

Thanks,

NeO

[John Scott]

http://www.law.cornell.edu/uscode/ht...5----000-.html


http://www.keytlaw.com/urls/typosquatter.htm

The fine is $10,000 per domain, last I checked.

[webzenstar]

This is the first time I read about this fat flushing approach.

I'm sorry you have to deal with people stealing your customer's content. I know I'd be wasted if I had to run after so many rabbits.

Perhaps this is an opportunity for your customer to launch some kind of "affiliate program" where you could lay down your own rules and people could make money "with you" instead of "against you".

Don't stop pursuing the infrigers but at the same time, ask yourself if your customer hasn't created something other people might feel good selling. I'm trying to make some good out of something bad but I don't know if this is any help to you, right now.

Whatever you do, just be sure to have very solid proof before you move. In my view, your proof is fine as it is for the matter you brought in your post.

Good luck to you and your customer.