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
www.ameriplan.com . 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 www.ameriplanusa.com . At some point in the past two years, it
learned that www.ameriplan.com 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 "ballyssucks.com" even though it contained the
trademark "ballys." AmeriPlan seeks to reverse long established law.
For more information, see www.ameriplan.com .
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SOURCE NewWave Corporation