NewWave Solutions, Inc. and Shane Gilbert, Creator of ameriplan.com, Fight Against Goliath AmeriPlan Corporation for ameriplan.com's First Amendment Right to Continue as a Commentary Site
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 cancel? 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 . MAKE YOUR OPINION COUNT - Click Here http://tbutton.prnewswire.com/prn/11690X35196533
SOURCE NewWave Corporation
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