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  1. #1
    ABW Adviser Panel Dynamoo's Avatar
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    I'm posting this here in addition to the Pets Warehouse forum because Henry edited my post to remove the references.

    The domain petswarehouse.com and the trademark "Pets Warehouse" have been ordered to be surrendered to the authorities after a counter suit was filed against Bob Novak, following a long history of what some people would argue as frivolous lawsuits.

    Legal details of the orders can be found (here and here). There are also comments and reports at Slashdot, Salon, Google Groups.

    Pets-warehouse.com is essentially petswarehouse.com with a hyphen in the domain name. The address in the WHOIS entry is the same, the phone numbers and contact details are the same, and indeed the name is trademarked so it would be unlawful for Pets-warehouse.com to trade if they didn't have a claim on that name. The difference is that the "new" Pets Warehouse appears to be owned by "Migi Inc" rather than Bob Novak.

    Now, I believe that you can read the posts off board and form your own opinion on Mr Novak and his company, but it does seem to me that the business of Pets Warehouse is going to be severely impacted due to the impending loss of their trademark, and therefore web site.

    I challenge Henry and Bob to post in THIS board when they CANNOT change comments and explain the business situation for the benefit of current and prospective business partners.

    (I should remind everyone that Bob Novak has a history of litigation, according to this page)

    (These comments are my own, by the way, and not those of Abestweb.com or DP Internet Services.)

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  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    [snip - sorry]

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

    [This message was edited by Dynamoo on June 09, 2003 at 01:56 PM.]

  3. #3
    ABW Adviser Panel Dynamoo's Avatar
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    Henry has posted a reply disputing the case.

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  4. #4
    Affiliate Manager PetsWarehouse.com's Avatar
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    A reply was posted to Dynamoo in our group.

    Henry
    Affiliate Partner Manager
    Pets-Warehouse.com
    Email: Henry@Pets-Warehouse.com
    Phone: 631.789.5400
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  5. #5
    ABW Adviser Panel Dynamoo's Avatar
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    Which you then edited to remove the bits you didn't like. Sorry, my mistake for posting in "your" board.

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  6. #6
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    ooops ..can someone translate all this legal mumbo jumbo for me. Are affiliates going to get paid out of profits or law suit monies? We all know pets can't drive and they have to eat and poop on my keyboard. Screw Judge Judy and the paperwork. Is this program still a go or what?

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  7. #7
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    Henry,
    There is something that I would like to point out. When something like this happens to a company, it often means affiliates do not get paid.

    Not mentioning any names, but we are in a similar situation with another company (as an affiliate). This company is now in bankruptcy and it will be nearly impossible for us to collect monies owed to us.

    Knowing Dynamoo for quite some time, I can assure you that it is in the best interest of everyone concerned. Affiliates oftentimes invest money to sell products for merchants..a lot of time is spent promoting. I can't tell you the numerous sites we hosts that are set up to sell for a single merchant..thats a lot of time and money invested from our clients.

    With that said, why were posts edited to reflect something different? If there is nothing to worry about, then there is no need to edit. If Dynamoo says something that is either incorrect or out of line, then put him in his place and set the record straight. Editing posts to reflect something different makes it appear as if there is something to hide and Dynamoo is really on to something with this issue.

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  8. #8
    Affiliate Manager PetsWarehouse.com's Avatar
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    The legal controversy has nothing to do with the web sites day-to-day operation or its affiliates. That operation is owned controlled and operated by Migizzi Inc.
    See the Affiliate agreement you can read it clearly stated.
    +This Agreement, made and entered by and between Migizzi Inc. d/b/a ("Pets Warehouse" ), a New York Corp+

    That company handles the credit cards and all banking.
    Your commission check would come from that corporate account.
    The SSL cert is in the name of Migizzi Inc.

    I myself am on the payroll of Migizzi Inc.

    No matter what happens with the legal proceedings they have little or no effect on the operation of Pets-Warehouse. In fact if you do a Whois you will find that this Corp also owns the domain.
    Migizzi has an exclusive license from Bob to use the Trademark Pets Warehouse in several domain names and further has the right to use it in conjunction with this affiliate program.

    I edited the false statements and derogatory info, there is nothing to hide.

    There are also certain limitations as what can be said in an open forum when there a pending law suit.

    Any affiliate commissions will be paid on time. Migizzi Inc. is very solvent.

    Henry
    Affiliate Partner Manager
    Pets-Warehouse.com
    Email: Henry@Pets-Warehouse.com
    Phone: 631.789.5400
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  9. #9
    ABW Veteran Student Heyder's Avatar
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    It was a shame and I mean a real live red faced shame to see this happen today. I've seen all the proof I need to judge for myself.

  10. #10
    ABW Ambassador Ron Bechdolt's Avatar
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    I'm confused. Does Migizzi Inc own and operate Petwarehouse.com or not? If not, why is the whois the same? This is not making sense to me.

    Ron - 7 Days A Week Marketing
    Every day is a chance to learn something new and an opportunity to teach others.

  11. #11
    ABW Adviser Panel Dynamoo's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>I edited the false statements and derogatory info, there is nothing to hide.<HR></BLOCKQUOTE>

    Funny.. I didn't make any derogatory statements, not that you can tell anything by the way you've edited my posts. I didn't repeat the allegations made by your customers, and the fact still remains that petswarehouse.com has been seized and the circuit court judge has ordered the handing over of the trademark. You can challenge the circuit court judge if you like, but that's really neither here nor there. I guess that's the legal actions referred to here as Novak 5 and 6.

    Henry, you say that Migizzi Inc is solvent, which I believe you as a statement of fact at this moment. Does that mean that Bob owns no part of the business, and that John Benn has to charge over the assets of the company? Other than the disputed court order over the domain name and trademark that is.

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  12. #12
    Affiliate Manager PetsWarehouse.com's Avatar
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    Your whole focus is derogatory and bias IMO.
    As a moderator you should be a little more responsible in posting "Assets Seized" implying that which is not true. Nothing was seized a single domain name was attached, nothing more.You could have PM'd me to get a few facts straight.


    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Does that mean that Bob owns no part of the business<HR></BLOCKQUOTE>

    That is 100% correct.

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Benn has to charge over the assets of the company <HR></BLOCKQUOTE>
    Sorry don't follow that? is there a typo, or please re-state the question.

    There is no longer a dispute over the trademark as I've stated several times. This can be verified with a call to the USPTO by anyone, please stop repeating false acusations.

    Henry
    Affiliate Partner Manager
    Pets-Warehouse.com
    Email: Henry@Pets-Warehouse.com
    Phone: 631.789.5400
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  13. #13
    Affiliate Manager PetsWarehouse.com's Avatar
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    Mike & Charlie,

    I love the bird logo.

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Is this program still a go or what?
    <HR></BLOCKQUOTE>

    The program is an absolute go! We’ve invested a fair amount of money and time into developing our affiliate program.

    I think having more products by four fold over any competitor will allow any affiliate to capitalize on their participation.

    The consumer doesn’t read the entire BS about the controversy they need supplies for their pets or aquarium, locate, enter quantity, checkout, ship. Their concern is getting product.

    Your concern is getting paid commissions as I said that as the agreement states would be paid by Migizzi Inc. Mr. Novak in our licensor nothing more he personally owns the mark.

    The legal arguments have no effect on revenue from the web-site our sales levels are consistent, lets allow the courts to address the issues with Bob and the others.

    PS:anyone is welcome to call me directly for informaton at 631.789.5400.

    Thanks
    Henry
    Affiliate Partner Manager
    Pets-Warehouse.com
    Email: Henry@Pets-Warehouse.com

  14. #14
    ABW Adviser Panel Dynamoo's Avatar
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    Thanks for clarifying.

    Henry, I'm not dissing your program though. With a good product range, parasite free status and a data feed it looks good from that point of view, and frankly the business model of bricks and mortar plus eCommerce works well as a plan.

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  15. #15
    Content $ Queen Ebudae's Avatar
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    Henry - just a note here - I have known Dynamoo for a long time now and have NEVER seen him act or post anything in a rash manor.

    His reputation for being fair, honest and prudent is beyond reproach.


    Vicki

    But if the arrow is straight and the point is slick,
    It can pierce through dust no matter how thick. dylan

  16. #16
    Affiliate Manager PetsWarehouse.com's Avatar
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    Dynamoo,

    With posts like your last one @10:56 above, I believe we can resolve any issues.
    Thnks for that response.

    Henry
    Affiliate Partner Manager
    Pets-Warehouse.com
    Email: Henry@Pets-Warehouse.com
    Phone: 631.789.5400
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  17. #17
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    Henry,
    I too would like to say thanks for the clarification. As Dynamoo pointed out, it wasn't to diss you, but to protect our own butts

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