Optimal Health Science and Dazzlesmile LLC sued a slew of companies for infringement, amid other allegations. Already, the allegedly infringing and deceptive website DazzleSmilePro has stopped taking orders.
Teeth-Whitening Company Sues Google, Microsoft, Yahoo, Others
Optimal Health Science and Dazzlesmile LLC sued a slew of companies for infringement, amid other allegations. Already, the allegedly infringing and deceptive website DazzleSmilePro has stopped taking orders.
Optimal Health Science and Dazzlesmile LLC sued a slew of companies for infringement, amid other allegations. Already, the allegedly infringing and deceptive website DazzleSmilePro has stopped taking orders.
A dental whitening company that admittedly used deceptive ad campaigns to trick users into signing up for expensive subscriptions is now suing Google, Yahoo and Microsoft for letting competitors run similar ads using its trademarked name.
You’ve probably seen ads with the mom who discovered the secret to whiter teeth, though, she doesn’t exist — she’s just a marketing lie. But she’s just the tip of the iceberg when it comes to dodgy advertising campaigns that promise a free trial yet end up subscribing people to dental products, get-rich-quick schemes involving working from home on Google, diet supplements and the like.
The short story, according to the complaint, is that DazzleSmile paid its ad agency Epic $43 per order generated by advertising designed to mislead consumers into signing up for trials or free samples, when in fact they were signing up for expensive monthly subscriptions to the products.
When Dazzlesmile and its parent company Optimal Health Science decided to become squeaky clean and ceased their dealings with Epic, Epic allegedly continued to run the ad campaigns, according to the suit. But the new ads were funded by a Canadian named Jesse Willms, who allegedly operated infringing websites including DazzleSmilePro.com and DazzleSmilePure.com — both of which have since been removed (see screenshot). Dazzlesmile LLC is also suing Epic, Willms and AtLast, which filled the orders, for trademark infringement among other things.
Dazzlesmile also says the big three search engines knew these ads infringed on its trademarks, but allowed them to run anyhow.
“Although Dazzlesmile has sent a cease and desist letter to Google, Yahoo, and Microsoft, searches on those Defendants’ websites for ‘dazzlesmile’ or ‘dazzle smile’ still provide sponsored search results directing consumers to Epic and the Willms Defendants infringing websites, thus creating actual consumer confusion, indicating that Defendants Google, Yahoo and Microsoft have continued allowing Epic, the Willms Defendants and their affiliates to bid on the keywords ‘dazzlesmile’ and ‘dazzle smile’ in order to confuse and misdirect consumers,” the complaint reads.
Yahoo did not immediately respond to a request for comment, while Google and Microsoft declined the opportunity.
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You can read the rest of the ad here or click on the title of this page....
http://www.wired.com/epicenter/2009/11/teeth-whitening-company-sues-google-microsoft-and-yahoo/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29
I dealt with this company, ordered from, had to got to the bank and cancel my bank card and file fraud charges. I got back all but 10.00.
the last thing I told one of there representatives was that he was a VERY bad man and that he was going to hell for taking peoples money that wasn't his, or his companies!
I stood up for myself, how many didn't? or wouldn't?
bottom line, you order off the internet it is always a chance. even some one like me who almost shops exclusively on the internet (everything but food and tp, and sometimes even that)
can get burned. there are always ways around to get what is right.
1) always order with a bank card, NEVER give them a checking account number.
2) always check your bank statement. I check mine daily. (hint, there is a phone # usually included in most transactions included in the same line as your purchase, call if some thing looks wrong, Immediately!)
3) try to resolve with the company, speak to as many supervisors as you can write down names of the employees that you talked to.
4) if they are not willing to resolve to your satisfaction (and You are the important consumer!)
take it to your bank. (yes you will have to fill out forms, do everything asked of you e.g. send the product back(always get a return signature requested it is cheaper than return receipt requested. and you can track it with the internet, it will show first delivery attempt whether or not they are there or even refuse to sign for it) and the fee for the fraud investigation (you can usually get them to wave it if you are polite and ask nicely))
you bank does appreciate your business and will do everything they can to work with you.
5) last but not least.... DO NOT THREATEN TO DO ANYTHING YOU ARE NOT WILLING TO BACK UP!!!!!
eg I told Dazzle white that I was going to the bank and would report this fraudulent matter and have the bank investigate and cancel the card so that they could not take any more money.
I did.
moral of the story, shop with known companies. (although this is the first time in the whole time of being on the computer of 2+years that I could not get resolution thru the company it's self)
be aware of your money and your transactions. keep a clear head and follow through.
I love it when Karma comes a calling.
have a great one all.
