From: M—– M—– hidden-email@shaklee.com
Date: January 10, 2006 11:35:21 AM PST
To: “‘Ballpoint Wren'” < --@bonniewren.com>
Subject: RE: Contact from Ballpoint Wren ReaderBonnie,
I viewed your website and found the Shaklee trademark. Our trademarks are also our products. Please check the link below to see what I was referring to. It would be greatly appreciated if you could remove the picture of Nutriferon and the name Shaklee, which is also trademarked. Thank you for your time and cooperation it is greatly appreciated. http://bonniewren.com/index.php?s=shaklee
M—– M—-
Claims Administrator
Legal Department
Shaklee Corporation
M—– M—– hidden-email@shaklee.com
Yikes! Ms. M.M. is taking a different tack from her previous e-mail.
I’m pretty sure my use of the Shaklee image is within the standards of “fair use,” but then, Ms. M.M. is part of a Legal Department and I’m just a…
… Just a…
Well, I’m not part of a Legal Department, that’s for sure.
Keep the tone light and breezy—that’s what I’ll do. Stand my ground, firm in tone but light. And breezy.
From: Ballpoint Wren < --@bonniewren.com>
Date: January 10, 2006 9:13:00 PM PST
To: M—– M—– hidden-email@shaklee.com
Subject: Re: Contact from Ballpoint Wren ReaderDear Ms. M.M.:
Your middle name doesn’t start with “L”, does it? Heh! You probably get asked that all the time–seeing as how you work for an MLM, I mean.
About the image: if there is a trademark statute I’m breaking by using the image, please tell me what it is.
I’d never knowingly break the law, although my husband does claim I drive too fast and I did get that speeding ticket last year, I’m sorry to say. Traffic school is the pits!
Bonnie
Maybe they’ll try and confuse you by emailing you from their other domain of http://www.shaklee.net ?
From their page:
” These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.”
That is legal protection for them ?
So ……
“My use of the images of this crap should not be taken as anything other than ridicule and an illustration of how lowlife scum will use any techniques – including preying on fear – to make a buck”.
There, that’s you in the clear too 🙂
And you do know it comes in a bottle now ?
http://www.shaklee.net/thewellbeingzone/product/20960
just makes me laugh – not at you I promise, with you dear, with you
To use an Aussie expression..”These jokers are fair dinkum wankers”!! I still think they have a stake in a Nigerian Bank.
Oh, Lordy, Podz, now you’ve done it! I’m getting hits from Google for the search, “Shaklee crap.”
In fact, as of this writing I’m number 1.
Hey, can I play?
For the good of the order: As it pertains to email, Shaklee.com is the domain assigned to employees. Shaklee.net is for members and distributors. However, I can make my email look like it came from Bill Gates, or the president of that Nigerian bank Shaklee allegedly is in cahoots with, so that proves little or nothing of her bona fides. In fact, doesn’t it seem like a real attorney (or employee of the legal department) would send a letter? I am in doubt of the veracity of M–M–‘s claim.
Bonnie, I cannot imagine that your use of the label photo is anything but fair use, and as for removing the word “Shaklee” from the site entirely…well, that’s just plain silly. Nothing you said about Nutriferon was untrue in the original post, and last I remember, truth is an affirmative defense to libel. Can’t I write the name “Pepsi”? In fact, can’t I say that Pepsi is nasty, fattening, corrosive, phosphoric, calcium-leeching demon brew? Sure I can. Yea, First Amendment!
Long story short, I’m on your side on this one Bonnie…and I’m an operative (albeit an independent operative, with a .net domain address).
—
Ken Johnson
Anchorage, AK
Hi, there, Ken! So if they haul me away to Trademark Infringement Jail, you’ll be there to speak up for me, right? 😉
The IP extracted from the e-mail was for definitely for the Shaklee Corporation. See what I pulled off the Whois database:
But just in case, I also called Shaklee’s offices in Pleasanton, California and learned that there is indeed a person by that name who works as a Claims Administrator in the Legal Department, and that is her job, looking for Shaklee trademark infringements on the web.
I really think this is a situation where standard operating procedure has not yet caught up with technology, but then again, I could be wrong.
I don’t see how your post could be against policy, but to be honest, I have never read the mentioned legal stuff. (yes that is the technical term lol)
I want to thank you Bonnie for letting us continue to post on here. And not lowering yourself to attacking our biz like some of your other posters…
Hi, I actually have read the P&R (yeah, I’m one of the anal ones) and it requests shaklee members & distributors to not mention or show the shaklee name, logo or product name on any website other than your personal shaklee.net website. This is for fairness to all distributors (relating to sales) and to uphold product integrity (they don’t want to mess w/someone making false claims, etc). Instead you can place a link for the #1 natural nutrition co in the U.S. or whatever sizzle line you might come up with as long as you don’t name the Company or its products.
When I first read this I thougt, “don’t they want to get their name out there and make more $$?” Then I realized that this is a Co. with high integrity and high integrity means higher standards. So I say hurray! There seem to be so few Companies that embrace true quality and integrity (and have superior products too!)!
Have a great day!
Regarding Shaklee’s P&R, Jen wrote:
“…it requests shaklee members & distributors to not mention or show the shaklee name, logo or product name on any website other than your personal shaklee.net website. This is for fairness to all distributors (relating to sales) and to uphold product integrity…”
Dang, stupid me. All along I thought the trademark restriction that required using one of their websites was just one more method of extracting a pound of flesh from the unwashed masses. But now I see my error. It’s all about fairness and product integrity! That makes more sense. My faith in the altruism of Shaklee management is restored!
wow.. steve.. you’re a fool