My Name is Theodor
F. Gillebaard and I am the legal owner of EZ
Pool Products Inc, a valid California
Corporation (here fore now known as "EZ Pools").
If you go to the California State Department's
website on corporations, you can verify this. EZ
Pools is the legal and registered owner of
reallyezpools.com, which is also verified
through internet whois sites. We are writing as
the Complaining Party against the author of
www.ezpools4u.com.
The author of ezpools4u.com
has never been authorized nor permitted to copy,
borrow or mimic any portion of our website. If
you view the source code of
www.ezpools4u.com and compare that with our
old website front page (which can be viewed at
www.reallyezpools.com/oldindex.html) you can
see this for yourself.
The website you are currently allowing to be
public is in direct violation of the DMCA of
1998. The author of this website has stolen
our HTML coding and copied our website (view
www.reallyezpools.com/oldindex.html).
This is a crime being committed as the
author stole our content, modified it to
confuse, steal and scare our customers.
Under the federal guidelines of registering
a trademark, a requester must show that they
have promoted, advertised and spent funds
supporting the uniqueness of a trademark.
Our old index page referenced above was our
website's front page from late 2005 until
spring of 2009. It's keywords, graphic files
and language were and still are very unique.
Though we have deactivated the old index,
the links have remained good and active to
prove that it was our front page.
Here are several examples
of how we can prove the author of
www.ezpools4u.com stole our HTML coding.
Example 1: If you
view the html coding on
our oldindex.html site you will see that it
reads as follows:
"<head>
<meta http-equiv="content-type" content="text/html;charset=ISO-8859-1">
<meta name="generator" content="Adobe GoLive 6">
<title>Portable Pools, Portable Lap pools, Warm
Water Portable Therapy Pools, Soft-Sided Pools,
Portable Swimming Pools, Olympic, In-Ground
& Above Ground Pools, Swimming Pool
Accessories</title>
<meta name= "description" content= "Really EZ
Pools offers complete portable pool packages
starting at $999. A proud member of the <i><b>Better
Business Bureau</b></i> and a one-stop source
for portable lap, therapy, soft-sided, olympic,
in-ground & above ground swimming pools and
accessories in any size, depth and color. Call
us at 714-979-7921.">
<meta name= "keywords" content= "portable pools,
portable swimming pools, above ground pools,
portable above ground pool, above ground
swimming pools, portable above ground swimming
pools, soft-sided pools, soft sided swimming
pools, above ground soft sided pool, lap pools,
lap swimming pool, above ground lap pools,
therapy pools, warm water therapy pools, really
big pools, olympic swimming pools, in ground
swimming pool, swimming pool accessories,
portable pool accessories, swimming pool
accessory, swimming pool filters, swimming pool
pumps, swimming pool timer, swimming pool
ladder, above ground pool ladder, portable pool
cleaners, portable pool vacuum">
</head>"
If you view the html coding
on
www.ezpools4u.com you will see it is a
complete mimic of our coding with only minor
changes:
"<head>
<meta http-equiv="Content-Type"
content="text/html; charset=iso-8859-1">
<meta name="generator" content="Adobe GoLive
6">
<title>Portable Swimming Pools, Lap, Warm
Water Therapy, Soft-Sided, Olympic,
In-Ground & Above Ground Pools, Swimming Pool
Accessories</title>
<meta name= "description" content= " EZ Pools
offers portable lap, therapy, soft-sided,
olympic, in-ground & above ground swimming pools
and accessories in any size, depth and color.
Call us at 714-979-7921.">
<meta name= "keywords" content= "portable
pools, portable swimming pools, above ground
pools, portable above ground pool, above ground
swimming pools, portable above ground swimming
pools, soft-sided pools, soft sided swimming
pools, above ground soft sided pool, lap pools,
lap swimming pool, above ground lap pools,
therapy pools, warm water therapy pools, big
pools, olympic swimming pools, in ground
swimming pool, swimming pool accessories,
portable pool accessories, swimming pool
accessory, swimming pool filters, swimming pool
pumps, swimming pool timer, swimming pool
ladder, above ground pool ladder, portable pool
cleaners, portable pool vacuum">
</head>"
Conclusion on Example 1: There
is no where on the internet will you find this
unique combination of keywords, phrases and use
of "EZ". The author of
www.ezpools4u.com completely ripped off our
HTML coding to mimic our site for the sole
purpose to confuse, mislead and steal our
customers. THEY EVEN HAVE OUR TELEPHONE
NUMBER ON THIS SITE!!
_______________
Example 2: In the
following body of the HTML coding,
our old index.html page reads:
"<body bgcolor="#ffffff">
<table width="878" border="0" cellspacing="0"
cellpadding="0" cool gridx="2" gridy="2"
height="1441" showgridx showgridy>
<tr height="78">
<td width="1" height="1440" rowspan="30"></td>
<td width="876" height="78" colspan="12"
valign="top" align="left" xpos="1"><a href="history.html"><img
src="images/front.top.gif" alt="Portable
Swimming Pools" width="876" height="78"
border="0"></a></td>
<td width="1" height="78"><spacer
type="block" width="1" height="78"></td>
</tr>
<tr height="30">
<td width="73" height="319" colspan="2"
rowspan="6" valign="top" align="left" xpos="1"><img
src="images/front.border.gif" alt=""
width="73" height="319" border="0"></td>
<td content csheight="30" width="303"
height="30" colspan="2" valign="top" xpos="74">
<div align="center"></div>
</td>"
If you view the HTML coding
of
www.ezpools4u.com you can see he has copied
the coding as a source, but the address link is
still being pointed to our web server:
"<tr
height="4">
<td width="73" height="319" colspan="2"
rowspan="7" valign="top" align="left" xpos="1">
<img src="images/front.border.gif"
alt="" width="73" height="391" border="0"></td>
<td width="1" height="4"><spacer
type="block" width="1" height="4"></td>
</tr>"
Conclusion to Example 2 This
is another example of theft. The author of this
site simply copied our website, mimiced the
look, changed a few words to confuse and steal
our customers. THIS SITE IS STILLING POINT
GIF FILES ON OUR WEB SERVER.
_________
Example 3 If you
view our front.art folder (go to
www.reallyezpools.com/front.art) you will
see a list of GIFs and JPGs saved on our web
server. If you view the HTML coding of
ezpools4u.com, you can see that the author of
www.ezpools4u.com has referenced these
graphic files. But because his HTML coding is
incomplete addresses, they are not being viewed
on
www.ezpools4u.com. This is because he copied
out entire source code and did not add the
additional URL information for the images fuiles
to be viewed. Conversely, these graphic files
are OURS, he has no permission to use them.
These files are pictures of our pools and our
proprietary property.
________
Summary of Our Complaint
Our website, reallyezpools.com, has been
under attack by the author of ezpools4u.com
ever since we began moving up the organic
search engine results under the keyword
"portable pools". The front page on
ezpools4u.com is a complete copy and rip off
of our original website (www.reallyezpools.com/oldindex.html).
By viewing all the HTML coding of
ezpools4u.com, you will see that it is
missing several image links that are stored
on our website server (reallyezpools.com/front.art).
You will see that this site is designed to
mimic our former website to confuse, mislead
and steal our customers. AS WELL, THIS
SITE STILL HAS OUR TELEPHONE NUMBER LISTED
ON IT!
_________
One other very important
note: under
your Terms of Agreement, which this author must
have agreed to, the author is in direct
violation of your own Terms. Your Agreement
reads "You agree that Go Daddy may use and
rely on any such information provided by You for
all purposes in connection with Your Services,
subject to Go Daddy's Privacy Policy.
If You provide any information that is
inaccurate, not current, false, misleading
or incomplete, or if Go Daddy has reasonable
grounds to suspect that Your information is
inaccurate, not current, false, misleading
or incomplete, Go Daddy has the
absolute right, in its sole discretion, to
terminate its Services and close Your account."
All of the information provided by the author
of ezpools4u.com is false, misleading and thus
the website should be completely terminated.
The author is not reachable through the
published information. The author has simply
used GoDaddy.com to commit this malicious and
potentially criminal attack on our company's
website. At the very least, this site begs for
you to investigate and inspect with regards to
the above mentioned complaints.
I, Theodor F Gillebaard,
President of EZ Pool Products, Inc. do swear
under penalty of perjury that I am an authorized
representative of EZ Pool Products, Inc.
registered owner of reallyezpools.com and am
permitted to act on behalf of the owner of
reallyezpools.com for which this complaint is
based from. I respectively request that
GoDaddy.com take immediate and swift action
against ezpools4u.com and remove this site from
the web. I feel I have met all the needs
required to request this action be immediate.
If there are further needs
with regards to this complaint, I can be reached
at 714-979-7921.
Sincerely,
///s///
Theodor F Gillebaard /
President
EZ Pool Products, Inc.
CC: Paul Zayat / Attorney
at Law
Legal Counsel
|
