NewWave Solutions, Inc. and Shane Gilbert, Creator of, Fight Against Goliath AmeriPlan Corporation for's First Amendment Right to Continue as a Commentary Site

Jun 14, 2002, 01:00 ET from NewWave Corporation

    NEWPORT BEACH, Calif., June 14 /PRNewswire/ -- Does the public have the
 right to know about alleged ethical improprieties of the CEO of a $74 million
 dollar corporation?  Can the information be posted to the world wide web?
 Does it change one's opinion if that company is a multi-level marketing
 company accused of charging consumers' credit and debit cards after they
     Shane Gilbert and NewWave Corporation are fighting to keep up a criticism
 and commentary site concerning the multi-level marketing company known as
 AmeriPlan Corporation.  In this age of Internet scams and the health care
 scare, Mr. Gilbert, a former broker for AmeriPlan, operates a website at .  He relates his experiences with AmeriPlan, including two
 lawsuits and an ICANN Uniform Dispute Resolution Policy domain name
 arbitration, on that website.  He also allows members, brokers and members of
 the public to post information concerning the company (especially its billing
 practices and lack of health care providers) on the website.  Most recently,
 he discovered that public court documents about Dennis Bloom, CEO of
 AmeriPlan, indicate that Mr. Bloom has left a trail of allegations that he is
 a con man.
     AmeriPlan seeks to crush this dissent.  AmeriPlan has hired the world's
 largest corporate law firm, Pillsbury Winthrop, to represent it against a
 former broker.  In typical fashion, AmeriPlan, through its lawyers, attempts
 to dissuade Mr. Gilbert and NewWave Solutions Corporation by burying them in
 paper and legal maneuvering.  Only a day after receiving two motions totaling
 seventy two pages, Mr. Gilbert received an emergency request that the Federal
 Court in the Central District of California shut down his website.  The
 outcome of that request is unknown.
     The origin of the lawsuit is unusual.  AmeriPlan Corporation operates its
 website at .  At some point in the past two years, it
 learned that was for sale and opted not to buy it.  Mr.
 Gilbert purchased the domain name, became a broker for the company and
 received authorization to use it.  When the company realized it could make
 money by stealing Mr. Gilbert's website and business idea, it threatened him
 with a $1,000,000 lawsuit and the termination of his business if he did not
 surrender his website.  After he was illegally terminated, Mr. Gilbert
 investigated the company further and developed the current website.
     Domain name case law holds that it is "fair use" of a trademark to include
 it in a domain name that criticizes a company.  The most famous case allowed
 the continued operation of "" even though it contained the
 trademark "ballys."  AmeriPlan seeks to reverse long established law.
 For more information, see .
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SOURCE NewWave Corporation