UPDATE July 7, 2007 - some wag at newsletter@janson-beckett.com has found it amusing to add us to their mailing list. We received our first SPAM email newsletter June 27, 2008. What moron at Janson-Beckett Cosmeceuticals really thought this was a good idea? Today we filed a complaint with the FTC for unwanted spam. Our reference number is: 19469659

Janson-Beckett Cosmeceuticals, of Cherry Hill, New Jersey, enters these pages setting a new low in intelligence and a new high in arrogance. Kudos to one Malyna Truong, who is an Executive Administrative Assistant (read lowly asshole), for lowering the intelligent answer bar to a new depth. Seems Janson-Beckett Cosmeceuticals sells very high-priced cosmetics to a large number of not too-bright people who pay their outrageous prices. One example is their Oatmeal Soap, All-Vegetable (4.5 oz.), "Great for all skin types, but scrub action and ingredients make this vegetable-based soap preferred for oily/combination skin. Your Price: $11.20" The magazine, Consumers Reports, regularly lists Dove Soap as one of the best soaps for over ten dollars less a bar than Janson-Beckett Cosmeceuticals Oatmeal Soap. For that kind of money the bath-sized bar of soap should take the bath for you! For crying out loud, it's soap made with oatmeal, not gold! Anyway, in what later turned out to be a foolish move, seems Diane signed up for something called New Beauty "TestTube" (http://testtube.newbeauty.com/Program.aspx) which self-consciously touts itself as "The World's Most Unique Beauty Sampling Program". For a paltry sum, $29.95 plus $8.95 shipping every three months, they will send you a Test Tube full of "samples" of the best beauty products. From whom do they get these "best beauty products"? They don't say. And, they also don't say anything about what one can and cannot do with the "samples" after they receive them. Diane didn't like some of the samples she received that contained some "samples" made by Janson-Beckett Cosmeceuticals, of Cherry Hill, New Jersey. Some schlocky stuff called "AlphaDerma CE", another over-priced cosmetic from Janson-Beckett Cosmeceuticals. So, she decided that since they were unopened, she would sell them on eBay. Ah, you say, now you see where this is all going. That's correct, little boys and girls, Janson-Beckett Cosmeceuticals, of Cherry Hill, New Jersey, terminated her two auctions. Why would they ever do that, you ask? Sit down. You're not going to believe this one. Seems the "samples" that Diane was trying to sell were part of a "sampling program that Janson Beckett Inc had with the New Beauty's Test Tube". So, Janson-Beckett Cosmeceuticals, of Cherry Hill, New Jersey terminated her auctions. For what? According to the ditz and Executive Administrative Assistant (read lowly asshole), Malyna Truong, her auctions were terminated: "Janson Beckett Inc is informed by EBAY when any of our products are being listed for RESALE. It is called the VERO RIGHT. Since you are listing the items with JANSON BECKETT Inc name, we have the right to refuse the listing of items below to be listed on ebay (sic) to be resold. The Items you are trying to resale were apart of a sampling program that Janson Beckett Inc had with the New Beauty's Test Tube. Where you as a subscriber were to sample the items included in the test tube and give feed back to companies who had participated in the test tube." You know what's just as ignorant? It took two weeks and 21 emails before Executive Administrative Assistant Malyna Truong got off her fat ass and gave Diane an answer. All together now, can you say Malyna Truong is an arrogant bitch?

In our never to be humble opinion, Executive Administrative Assistant Malyna Truong is the stupidest VeRO asshole we have encountered, and that is saying a lot. First, Malyna Truong, there is NO Vero Right! VeRO affords companies the ability to terminate auctions where the item being sold violates their intellectual property rights, i.e., trademark infringement or copyright infringement. Second, Janson-Beckett Cosmeceuticals does not have the right to stop people from lawfully re-selling unopened cosmetics. Malyna Truong, there is something called the First Sale Doctrine which gives someone the right to sell something they own without interference from stupid jerk wad asses like you and Janson-Beckett Cosmeceuticals. And third, you apple-brained moron, those were not "samples" but merchandise bought from New Beauty. Diane was not a subscriber but a purchaser of goods offered on a web site. Fourth, Diane is allowed under federal law to use the name Janson-Beckett Cosmeceuticals to accurately describe the item being sold, because you yo-yo, the product was manufactured by Janson-Beckett Cosmeceuticals!

Executive Administrative Assistant Malyna Truong is a perfect example of what is wrong with the VeRO Program. A company gives an untrained employee the job of monitoring eBay sales and that employee goes off half-cocked. Besides her ignorance is her arrogance. Civil penalties for trademark abuse of this type would certainly be a good start. Malyna Truong, you should be thankful of one thing. If we had listed the over-priced cosmetics on eBay and you had terminated them, you would have had a federal lawsuit on your desk long ago. And we would win it easily.

 

 

Rebuttals In an effort to provide a balanced view, we make the following offer to anyone who feels they have been wrongly accused on this web site. If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.

General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions Corporate Lawyers Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied eBay - Land The Game™

Definitions

Trademark Definitions

Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse Unauthorized Use   |   Unfair Competition   |   What is a Trademark?

Copyright Definitions

Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine ; Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description   |   Registration Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?

Other Issues

Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

<

VeRO (Verified Right's Owner Program) VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2017