FRANK ELLIOTT / JURASSIC FIREWORKS PREVAILS IN EDUCATING THE PUBLIC TO PHANTOMS FIREWORK SCAMS
Phantom Fireworks attorneys try to use WIPO administrative panel to remove the domain name “Phantom Fireworks scams . Com”from the owner (Frank Elliott)
Frank Elliotts motive is & always has been to get 50% of all customers money back from phantom fireworks due to them scamming their customers in to believing they were getting one item free and many other marketing scams!
Phantom Fireworks VS. Frank Elliott / Jurassic Fireworks Just Ends up being another DUD for phantom fireworks!
1. The Parties The Complainant is Phantom Fireworks Showrooms, LLC / Phantom I.P., LLC, United States of America (“United States”), represented by Patton & Davison LLC, United States.
The Respondent is Frank Elliott / Jurassic Fireworks, Seasonal Sales Inc., United States, self-represented.
The Complainant asserts that the Domain Name is confusingly similar to its registered PHANTOM FIREWORKS trademark. The Complainant objects that the Respondent has no permission to use the mark and has no other rights or legitimate interests in the Domain Name.
The Complainant argues that the Respondent is a competitor that seeks to tarnish the Competitor’s reputation, disrupt its business, and divert sales to the Respondent for commercial gain.
“The Website further promotes lies and misstatements about Complainant’s pricing, including unauthorized recordings of telephone conversations with Complainant’s employees, encourages visitors of the website to file Consumer Protection Agency complaints against Complainant, and contains a petition for those who were allegedly ‘victims of Phantom Fireworks scams’ to join a hypothetical class action law suit with no basis in law or fact. […] Respondent promotes the domain name www.phantomfireworksscams.com on banners near Complainant’s retail location and showroom in Cheyenne, Wyoming. Respondent further promotes the domain name by yelling and speaking through blow horns while in close proximity to both Complainant’s customers and showroom. Respondent’s use of the domain name serves no purpose other than to harass Complainant.”
The Respondent argues that he has “fair use” rights to criticize and comment on the Complainant’s deceptive practices, as indicated by the word “scams” in the Domain Name. He argues that the Respondent’s website was registered and used in good faith for this purpose and has not been used to divert consumers for commercial gain. The Respondent observes that he is allowed to record conversations under Wyoming law, where the conversations took place that he posted on the website. The Respondent also reports that he offered to take down the Respondent’s website “if Phantom Fireworks would change their marketing to be in line with the industry standard and stop the use of gimmicks, trick marketing, and scandalous advertisement.”
Accordingly, the Panel declines in this case to enter a finding of Reverse Domain Name Hijacking.
Avoid Phantom fireworks! Put them on blast