Boston Electrolysis ® - For Permanent Hair Removal

Boston Electrolysis® 9//28/2011
Member of Phoenix BBB
www.bostonelectrolysis.com

From Kimberly Williams, R.E. Dean
7330 East Earll Drive
Scottsdale, Arizona 85251
480-607-8121
Email Bsoelectrolysis@cox.net & Fivestar@bostonschoolofelectrolysis.com

First, I would like to announce that on April 14, 2009, the Federal government awarded to me United States Registration No. 3,601,889 for the trademark Boston Electrolysis®. This Federal registration constitutes prima facie evidence of the validity of the trademark and its registration, and of my (the trademark owner's) exclusive nationwide right to use the mark in commerce in connection with providing hair removal services. The registration also constitutes notice to all parties that the trademark Boston Electrolysis® is the exclusive property of me, Kimberly Williams R.E., Dean.

Yelp.com is company I have learned to despise since it moved to Scottsdale, Arizona. Yelp.com is a company that rides roughshod over small business owners across the America and I am one of them. Yelp.com has infringed my federal and state trademarks to profit them at my expense. Without my permission Yelp.com uses my Trademarked business name Boston electrolysis® to disrupt my search engine placement drive internet traffic to their site using my trademark Boston Electrolysis to their website while not listing Boston Electrolysis®. When I said business as usual at Yelp.com office I meant it. Small business owners who have filed complaints with Yelp.com are angry because Yelp.com refuses to answer the phone or be polite. Fact Yelps Regional office policy is to deliberately ignore valid complaints in the hope they frustrate you the business owner. Furthermore the BBB needs to be aware of Yelp.coms dirty business tactics and you should learn just by visiting www.Ripoffreport.com or just Google complaints about Yelp.com. Don't learn the hard way that Yelp Incorporated Jeremy Stoppleman, CEO could care less about your small business and the laws that he breaks are at the business owners expense.

In Yelp.coms pitiful reply to me they did lacked the Common Courtesy to identify themselves and the letter they signed as "The Team Yelp Headquarters" reeks of deception and bad manners. They claim to have a legal team but I have not seen a lawyer's signature on their documents in any form or manner. Than Yelp.com states, "I would like to address your concerns however I am not an attorney and we do not have attorneys on staff, but it is my understanding that the "fair use" doctrine in trademark law as well as provisions in the common decency act do in fact provide protections for service providers who allow for customer reviews. "The Fair Use Doctrine" does not apply for a trademark period unless it's an unless its newsworthy article about a company and then use the owner's trademark to list advertisements for my competitors.

Yelp.com Blatantly Breaks BBB Rules & Regulations

Your BBB rules and regulations clearly defines and state online advertisers should not mislead online customers by creating the false impression of sponsorship, endorsement, popularity, trustworthiness, product quality or business size through the misuse of hyperlinks, "seals", other technology, or another's "intellectual property". Yelp.com illegal of my trademark Boston Electrolysis does not Boston Electrolysis® in any form or manner. They illegally use my trademark Boston Electrolysis® to drive business to their website and advertisers who want to be listed under Boston Electrolysis®. On page http://www.yelp.com/search?find_desc=electrolysis&find_loc=Boston%2C+MA#find_desc=Boston+Electrolysis&show_filters=0 they have deceptively inserted "Boston Electrolysis Boston ". In addition Yelp.com has placed the Google that is deliberately violating my trademark Boston Electrolysis® see below that Google Ad is illegally using my trademark Boston Electrolysis® in a deceptive manner. The owner of that Google Ad is www.pourlecorps.com who is habitual Trademark infringer of Boston Electrolysis® who organized this trademark abuse by hiring Yelp.com advertising team to do this illegal act that willfully infringes my trademark and disrupts my website ranking of being number. Nevertheless Yelp.com knows this is illegal trademark infringement and when you click on the Google Ad that says Boston® Electrolysis Award you go to the website known as http://www.pourlecorps.com/electrolysis.htm?gclid=CLuGrd_ugasCFUVgTAod8D560Q. The website owner www.pourlecorps.com is Sean Patrick O'Neill who is paying yelp to illegally commit trademark infringement in most devious manner, which is another violation to trademark infringement that fails to meet the criteria of the fair use doctrine. In fact every that Yelp.com borders or is illegal and they want to help us little people. On the hand Yelp.com has figured it that most small businesses

Best of Boston® Electrolysis Award

Boston Magazine 1998 

In addition yelp.com has illegally inserted Boston Electrolysis Boston and see enclosed copy www.yelp.com/search?find_desc=electrolysis&find_loc=Boston%2C+MA Boston Electrolysis Boston. For your information this has been done for the "Fair Use Act" it has been done to illegally electronic spiders that index websites and when the Googlebot indexed there website and the way they have manipulated my trademark Boston Electrolysis®. To the point the Googlebot thought Yelp.com was my website and was indexed as number one over mine. This is so deceptive and illegal and is Yelps.com second violation of my trademark were Yelp.com have hired themselves out to break the law and this is not fair use doctrine.

The other acts committed by Yelp.com were done to distract me with inflammatory content and your assistant told me that since Yelp.com took care of one complaint you should be thankful. Can you tell me how I should be thankful that a company like Yelp.com attacks my Transgendered State of Being in malicious manner the clearly violated"The Matthew Shepherd Hate Crimes Act?" In fact I was amazed that your worker thought well this should make her happy? Then she said were not going to follow this any further since Yelp.com resolved one issue! Gee let them off on one crime and let them commit the other is a further a violation of the Matthew Shepherd Hate Crimes, is that how your conscience thinks? There violating the law and you ignore them, they violate BBB Rules & Regulations and you look the other way? You're violating the whole concept of the BBB and its rules and regulations at my expense and civil rights! How do you think I feel?

Kimberly,

I have pasted below the businesses response to your complaint as you did not receive it yet. One portion of your complaint has been resolved, while your trademark issue has not been resolved to your satisfaction. BBB is not the forum to handle legal matters such as trademark infringement. If you wish to pursue this, I would suggest contacting an attorney.

I have decided to close your complaint today as we are not able to resolve your trademark issue. I would like to address your concerns however I am not an attorney and we do not have attorneys on staff, but it is my understanding that the "fair use" doctrine in trademark law as well as provisions in the common decency act do in fact provide protections for service providers who allow for customer reviews. For this reason, we will be closing your complaint with the following closing code in the Yelp review – BBB found business made good faith effort to resolve complaint but customer not satisfied with business response.

Kimberly, I know you won't be happy with this and I do apologize for that; you mentioned that you would be complaining to our headquarters, I wanted to provide you their information if that is what you'd still like to do. The phone number is 703.276.0100 and the organization is Council of Better Business Bureaus. My direct line is listed below if you would like to discuss this personally. You have mentioned that you support BBB in your local area and I am very sorry that you feel we've let you down.

This is the response:

2011-08-16 WEB 1000 - Receive Business Response (Expired 08-16-2011) Hi Kimberly,

Thank you for writing -- we are glad to have this opportunity to address your concerns.

In your complaint, you indicated that your business name is trademarked, and that you want your listing removed because you said Yelp does not have your permission to use it. We sometimes see confusion on this issue, so we want to make sure we're clear about what we do and why we do it.

We list businesses in our directory to allow consumers to read and write reviews about those businesses. Even when a business owner has registered their business name as a trademark, the law protects the right of a website like Yelp to list the name, just as it protects the right of consumers to talk about what they like (and don't like) about a meal they ate, a plumber that they hired, or a car wash that they visited. This right falls under the "fair use" doctrine in trademark law. We hope that helps shed some light this issue.

You also expressed concern about a review on your listing. You said that the user who posted the review was someone who has a conflict of interest with your business. Please note that we are not in a position to verify your claims that Shelby S has a conflict of interest with your business, nor are we in a position to determine whether this user is the same as "Sean Patrick O'Neill" that you mentioned in your complaint. That said, upon further evaluation, we have elected to remove the review, as it was found to be in violation of our Content Guidelines. Please note that if the user chooses to edit her review and it no longer falls outside our guidelines, we will allow it to remain on the site.

We want to make sure you know that there are free tools available to you as a business owner. We encourage you to claim your listing so you can respond to your reviewers, post information about your business, and more. To get started, visit https://biz.yelp.com/

Regards,

Yelp HQ

Lori Wilson | Vice President, Operations

Tel: 510-844-2020

Fax: 510-844-2620

Email: lori@bbbemail.org

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Golden Gate BBB

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Oakland, CA 94607

Principle I: Truthful and Accurate Communications.

Online advertisers should not engage in deceptive or misleading trade practices with regard to any aspect of electronic commerce, including advertising, marketing, or in their use of technology.

Online advertisers should adhere to the Better Business Bureau's Code of Advertising. Online advertisers should engage in truthful advertising. They should not make deceptive or misleading representations or omissions of material facts.
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1. Online advertisers should not mislead online customers by creating the false impression of sponsorship, endorsement, popularity, trustworthiness, product quality or business size through the misuse of hyperlinks, "seals", other technology, or another's intellectual property. (Click here for examples)
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Boston Electrolysis® Advertising

Texas Electrolysis Supply

The Five Star Electrologist Classified Advertising©

BOSTON ELECTROLYSIS® PRESS RELEASE ANNOUNCING THE NEW BOSTON ELECTROLYSIS® YELLOW PAGES©

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Currently the Boston Electrolysis® Yellow Pages© for The Commonwealth of Massachusetts has over three hundred electrologists listed in the following Boston Metro-Area and regional Massachusetts in following cities and towns; Acton, Allston, Arlington, Ashland, Andover, Bedford, Belmont, Billerica, Boston, Brocton, Brookline, Belmont, Beverly, Bridgewater, Burlington, Cambridge, Canton, Chelmsford, Danvers, Dover, Everett, East Boston, Fitchburg, Florence, Framingham, Georgetown, Groton, Hanover, Haverhill, Hingham, Holden, Hyannis, Kingston, Lawrence, Leominster, Lexington, Lynn, Lynnfield, Malden, Marblehead, Medford, Melrose, Milford, Millis, Methuen, Middleton, Milton, Natick, Newton, Newton Center, Newtonville, Needham, New Bedford, Newburyport, North Dartmouth, North Reading, Norwood, Norwell, Peabody, Pembroke, Plymouth, Pocasset, Quincy, Randolph, Reading, North Reading, Revere, Rockland, Roslindale, Salem, Scituate, Somerville, South Attleboro, South Easton, Springfield, Stoneham, Stoughton, Sharon, Stow, Swampscott, Sudbury, Wakefield, Walpole, Waltham, Ware, Watertown, Wellesley, Westwood, West Roxbury, Weymouth, Winchester, Wilmington, Winthrop and Woburn.

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BOSTON ELECTROLYSIS

New England's Best Clinic For Laser Hair Removal and Electrolysis©
Boston Electrology & Skin Therapies
Massachusetts Licensed & Registered Electrologist
Board Certified Electrologist
For Permanent Hair Removal
59 Temple Pl, Ste 1106
Boston, MA 02111
USA
617-338-5188