| October 12, 2007
VIA FEDERAL EXPRESS
Ronald J. Riley
1323 West Cook Road
Grand Blanc, MI 48439
Phone (810) 655-8830 |
CONFIDENTIAL
FOR NEGOTIATION AND SETTLEMENT
PURPOSES ONLY |
Re:
Inventor-Link LLC-
Defamatory Materials on
Inved.org
Dear Mr. Riley:
Please be advised that our firm has been retained by
Inventor-Link,
LLC to investigate and take
legal action against you for engaging in the following activities
(1) defamation of our client, (2)
tortious interference with our client’s business; and (3)
violation of our client’s website User
Agreement.
Our client provides a
professional service to inventors worldwide
employing an experienced
staff and a well-developed system for evaluation and development of
inventors’ ideas. It
provides prospective inventors with clear information and
disclaimers, and it is very selective
with regard to whom it chooses to represent.
As you may know, Ms. Ballou is a
frequent contributor to your
Inventor discussion group,
Inved.org. In fact,
Ms. Ballou claims to be the
Advisory Board President of
www.inventored.org,
which is apparently a sister website of
Inved.org. Please
note that she has willfully posted false and
defamatory comments about our client on your website. In
addition, by republishing
statements found on
our client’s website, our client’s website User
Agreement has been violated which may expose Ballou to
additional federal and state claims.
Defamatory statements that we have
found on your website at
http://inved.org/pipermail/inventors-l_inved.org/2007-July/0l2l25.html
and at
http://inved.org/pipermail/inventors-l_inved.org/2007July/0l2154.html
include, but are not limited to, the following:
October 12, 2007
Page 2
• “Who is behind it? They use Paypal ® so no way
to find out. Only the shadow knows and he’s not talking at present.” • “Thus far three inventors (two from the northern England and
one from Ireland) may become victims unless they take heed and it looks like they
are.” • “There is an Oregon-based invention company targeting UK
inventors for enormous upfront fees (£5,000 - £10,000) BEFORE they know what
they are buying ($10,000 -$20,000). • “Plus, why would a US-based company ONLY target UK inventors
when the US has many more inventors and free resources to find them? It makes
no sense unless UK inventors have proven easy prey compounded by the fact that
litigation for UK inventors would be out of the question due to issues such as (a)
jurisdiction, and
(b) cost of a lawsuit across the pond” • “He was suspicious wanting to know how I got his phone number,
where I live, what is my full name...etc. Very weird (Spanish inquisition
format)” • “Upon site entry and after reading the usual prom promotional
diatribe one fills in a generic “tell us who you are and what you have “form. Eventually
one receives a free “Smart-Start Evaluation Program” (the bait).” • “their Evaluation appears to represent an incomplete rendition
of PIES (Preliminary Innovation Evaluation System) pioneered in the 1970s
by Dr. Gerald Udell”
The statements listed above depict our
client as a company that: 1) is
‘fly—by-night’ and does
not have an experienced staff; 2) ‘hides’ and does not work
at the address they provide to prospective customers for the
purpose of ‘evading’ them; 3) does not provide unique
evaluations to prospective customers; 4) does not provide a
contract and/or clear description of its service to its
paying customers; and 5) does not substantively serve it’s
customers beyond collecting its fees. These conclusions,
along with your statements
in support of these conclusions, are false and their
continued publication increases the damages that have
already been suffered by our
client.
In addition to the defamatory statements that have been
published, our
client’s website User Agreement has been violated as a
result of Ballou's actions. She has not
received permission to use the
following text from our client’s website, which
she has republished on your website: “Official Site of
Inventor-Link LLC - Your Link to Success for Your ... We
know how to get your idea from a rough sketch to a finished
product in the market place. If your idea has what it takes,
we can help you get the results you want
www.inventor-link.com”.
(http://inved.org/pipermail/inventors-l_inved.org/2007JULY/012125.html).
By associating
disparaging remarks about our client with bona fide text
from our client’s website for the purpose of harming our
client’s business and diverting actual and potential
customers, your website may be held responsible for
resulting damages. It is important to note that Ms. Ballou
has misrepresented herself as an
interested customer, perhaps on behalf of
Inved.org or
InventorEd.org, to
retrieve information from our client, only to
mischaracterize our
client’s policies and services and to recommend
competing service providers.
We hereby demand that you:
1. Immediately remove and retract all defamatory
and disparaging remarks regarding our
client from all posts and publications;
2. Immediately cease and desist from permitting the publishing defamatory
comments about our
client;
and
3. Immediately remove and retract all text that was copied from
our client’s
website.
October 12, 2007
Page 3
Based on the foregoing, we request that you
immediately take
appropriate action. Damage has been done and our client
continues to be adversely affected by Ballou’s efforts to keep
customers away from
Inventor
Link by posting defamatory material on your website. If the
defamatory materials continue to be found on your website, we will
recommend that our
client
take all legal action necessary to rectify the situation. We request
a response by October 19, 2007, and look forward to hearing from
you.
Sincerely,
Donald E. Morris
Donald E. Morris, Esq.
DEM/dh
cc: Inventor-Link, LLC
|
Comments
Sidebar: This was not part of the original letter.
InvEd Commentary:
While I am not a lawyer I have reviewed the material and
see no defamation. What I see are:
1) Facts.
2) Reasonable questions for
Inventor-Link.com.
3) Opinions rendered based on the conduct of
Inventor-Link.com.
Professional service?
At this point there is NO DATA available to substantiate
these claims.
Ms. Ballou is a frequent and valued
contributor and she is the Advisory Board President
of www.inventored.org.
republishing statements:
Please, less hype. This is fair use and you either
know this or should know it.
Defamatory statements:
You need to be specific and detailed when making such
claims. I see no defamatory statements. Again
what I see are:
1) Facts.
2) Reasonable questions for
Inventor-Link.com.
3) Opinions rendered based on the conduct of
Inventor-Link.com.
Please confirm
Inventor-Link.com's fees.
suspicious As are we!
And with good reason!
PIES An opinion, one
which appears quite reasonable to me.
And we are all entitled to express opinions.
I have an opinion, and it is that churning out letters
like this with light editing leads to errors like this one.
You have characterized my having an opinion which I had not
yet expressed. But at this point, based on both the
facts and lack of meaningful information about
Inventor-Link.com
I believe that Ms. Ballou's opinions have considerable
merit.
Since when does anyone need permission to quote short
portions? !! Be specific, cite case law.
Invention
promoters misrepresent themselves all the time.
Ms. Ballou is simply trying to determine if
Inventor-Link.com is a company which should be promoted
or shunned. You and your client
Inventor-Link
need to face the FACT that
Inventor-Link.com blew a real opportunity. First
by failing to be forthright and building trust and then by
hiring a third rate (my opinion based on the results you are
getting) attorney to try and bully the inventor community.
DEMAND: You can
demand until you are blue in the
face! We are more than willing to
correct errors of fact.
So far all you have done is bluster.
I have spent all weekend taking appropriate action.
I have given your and your
client,
Inventor-Link.com's views considerable exposure.
The more you thresh around the more exposure you are going
to get.
Your bully tactics may have worked in the past.
Most bullies develop inflated egos from their successes
picking on the weak. Eventually they pick the wrong
fight and suffer the consequences. It seems to me that
Dozier
Internet Law has managed to step into a number of steamy
piles over the last few weeks. It is time to
reconsider your approach.
Regarding
your threat of litigation, MAKE MY DAY ! !
The more
Dozier Internet Law bothers us the more attention we
will be giving both you and
your client,
Inventor-Link.com. You are doing both
your firm
and your client
nventor-Link.com a disservice. Yes, that is
another opinion and if you don't like it too bad. |