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Chinese Inflatable Company Stoops Low in an attempt to gain favourable footing on the internet

Please read the following to learn more about what we are doing to stop this theft.

Jack’s Plastic Welding is a victim of theft. A Chinese inflatable company has stolen our web site, and is using our content for their own gain on the internet. These web sites still exist on the internet, even though Google has removed them from their search engine results. Therefore we are not through with this problem. If the offending company were in the United States, our Criminal Justice System could deal with these people. However since they are from China, and they do not share our concern for Copyrighted and Trademarked material, they feel exempt from our laws. For this reason we are requesting that you send a letter or better yet call your Congress Person and Senator to request that new legislation be passed that will revoke the import license of any company that violates the intellectual property rights of the citizens of the United States of America.

At this time we have a packet of information that is on its way to Congressman Udall. This packet has all the information contained in these documents that are listed in this letter. Congressman Udall is our New Mexican Legislator, and serves on the House of Representatives Commerce Committee. We want to put pressure on this company and make an example of them, so future infractions of this kind are not likely to occur. The removal of import license hurts at a very base level. It is time for the Chinese to realize that we are serious about a fair and level business environment, and that the theft of intellectual property will hurt them by removing their ability to sell to the largest consumer market in the world.

With the help of our Internet Experts at Aztec Media, We have filed these documents according to protocol. If you ever find your company in this situation, you may wish to follow the same procedure. Do not hesitate to email me or call if you have any questions.

Here are the steps that we took.
We emailed the offending Company with a Cease and Desist Letter. We gave them 5 days to respond. When they did not respond, we filed a DMCA Letter (for the Digital Millennium Copyright Act) with Google. It does take some time for Google to respond, because they want to make certain that the information contained in the DMCA letter is accurate. There is another organization, www.chillingeffects.org that looks over the material for accuracy, and a counter DMCA letter can be filed to reinstate the web site, if there is sufficient evidence that the web site is legitimate. This process has taken a month, a lot of my time to do research, and a lot of Aztec media’s time which we were happy to pay for, because they have done an excellent job. Dale Anderson was very knowledgeable in the ways of the commerce department, and Daniel Hise documented the theft, and filled out the DMCA reports.

Being certain that you have a case is important, because you could end up paying attorneys fees for a court settlement. In this case however, the Chinese company left our phone and fax numbers on the content removed all of the links and images, and then placed one link to their own home page at the bottom of every stolen page. We were able to prove with documentation that we have been on brainstorm’s web server since 1999. If the two web sites are compared side by side, one can check the links and find out which one is the phony. The links on our original web site work.

Here are some links to the various documents and how they were used by us.

Cease and desist letter
DMCA document submitted to Google
Google's DMCA web site
Google's letter of web site retraction
Helpful email letters
JPW Inc registered trademark for Paco Pad
JPW Inc registered trademark for our name and logo
A letter back from congressman Udall’s about receipt of the packet
Congressman Udall’s letter to the international trade association

I found a lot of people willing to give advice about this process when I posted my problem with Google’s search engine news group.

So the battle goes on. Google will keep the web site off for 6 months, but I have to try to get it off of the internet completely. I am trying to contact the web server who hosts the offending Chinese web site, and am hopeful that they will follow the code of ethics that all web hosting companies subscribe to and remove the site from their server completely.

I will keep everyone informed on how this goes.

Thanks for reading this.

Jack Kloepfer

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