| WritersBeware |
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Oct 13, 10, 05:57PM
| #121 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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EW_writer: Libel? Is that your final answer? Don't forget #1. I know how you like to selectively quote.
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| EW_writer |
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Oct 13, 10, 06:14PM
| #122 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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The hypothetical situation:
Let's say that a new essay writing site was established, wewriteessays.com. On the site, it was discussed that websites which hire only American writers should not be used because "Americans are dumber than oxen when it comes to writing." Clearly in this hypothetical case, the company's own product is not even being advertised. The company may well not have any writers at all. Regardless of whether the company ever sold an essay or not, damage has been done to companies that claim to use only American writers.
My questions were: 1.) Is the company wewriteessays.com legally liable? 2.) Is there a need to prove that they actually sold anything to prove their liability?
Your answer to the first question:
WritersBeware: 1. If wewriteessays.com is not engaging in commerce (i.e., not selling goods or services), there is no legally actionable false advertising. You mean "sold", right? If wewriteessays.com has not sold a single product but is claiming that is does have essays for sale. Be clear with your answer.
Your answer to the second:
WritersBeware: 2. If there is no commerce, that is strictly a matter of libel that may be legally pursuable by other essay Web site owners.
Bye for now.
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| WritersBeware |
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Oct 13, 10, 06:16PM
| #123 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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My answers are clear. F off.
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| EW_writer |
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Edited by: EW_writer Oct 14, 10, 10:49AM
| #124 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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EW_writer: I have to go now but when I return, I'm going to show people here why #1, the above example CAN'T be libel and why #2, it most CERTAINLY can lead to a false advertising claim.
I'm terribly backlogged so I'll have to make this quick.
A company that hires American writers can't win a libel case against wewriteessays.com because wewriteessays.com did not write a libelous statement against them. The libelous claim was against Americans in general as writers. So no go there.
What competitors can instead file is a false advertising claim under the product disparagement type. That is,
Product disparagement involves discrediting a competitor's product. The 1988 amendment to the Lanham Act extends claims for false advertising to misrepresentations about another's products.
http://law.jrank.org/pages/6729/False-Advertising-Types-False-Advertising.h tml
Thus, a competitor can hold wewriteessays.com liable under the Lanham Act for falsely advertising against them. As with all the other Lanham Act cases, there is no need to prove that a single sale was ever made by the accused. However, this fact is much more highlighted when it comes to the product disparagement type of Lanham Act cases.
Well, we all know that WritersBeware will continue to be unable to accept that she just keeps getting her a** kicked, but hey that's not what matters. What matters is that writers, ESL or otherwise should feel safe that they are in no way liable for any false advertisement crimes being committed by their employers.
Gotta get back to work. Bye for now. ______________________________________________________________________ False advertisement is a crime only when a customer actually buys something.
fervent, unrelenting, years-long, public support/defense of a belief—in writing—constitutes action in the eyes of the law.
- from the mad imaginings of pretend-lawyer, WritersBeware (2010)
Days since people were invited to agree with WritersBeware's mad imaginings: 3 Number of people who have agreed with WritersBeware's mad imaginings: 0
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| WritersBeware |
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Edited by: WritersBeware Oct 14, 10, 12:23PM
| #125 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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EW_writer: What matters is that writers, ESL or otherwise should feel safe that they are in no way liable for any false advertisement crimes being committed by their employers. We've come full circle. What a f*cking moron . . . . Any employee who knowingly helps to enable and/or perpetuate the crimes is either an accomplice or an accessory to those crimes. That is a FACT.
One more time:
WritersBeware: Since (a)(1) clearly indicates that goods, services, and commerce must be present, all that follows in (A) and (B) does not apply to an essay site that has never sold a paper (goods), never sold writing (services), and never engaged in commerce (i.e., sold a product or service).
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| EW_writer |
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Oct 14, 10, 04:54PM
| #126 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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WritersBeware: Since (a)(1) clearly indicates that goods, services, and commerce must be present, all that follows in (A) and (B) does not apply to an essay site that has never sold a paper (goods), never sold writing (services), and never engaged in commerce (i.e., sold a product or service). No surprise here, WritersBeware can't face the evidence, so she just goes on to quote her silly claim that not being able to actually sell product despite openly advertising to sell the product absolves a company of false advertising claims.
Not only is this wrong, based on ALL of the evidences presented, this position is absurd. Proving a false advertising only requires for the claimant to prove that an advertising for or against a certain product is false. Period.
WritersBeware: Any employee who knowingly helps to enable and/or perpetuate the crimes is either an accomplice or an accessory to those crimes. That is a FACT. True, but because employers commit the crime of false advertising ALL ON THEIR OWN, and freelance writers play no part in the commission of the crime in anyway, they are in no liability. In fact, they can even be considered victims of the misrepresentation.
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| WritersBeware |
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Oct 14, 10, 06:14PM
| #127 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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EW_writer: No surprise here, WritersBeware can't face the evidence I already schooled you with your own evidence, so just STFU already. You're a joke. Nobody cares about you or your stupid, irrelevant, personal agenda, despite how many times you desperately plead with them to affirm you.
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| EW_writer |
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Edited by: EW_writer Oct 14, 10, 06:39PM
| #128 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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WritersBeware: I already schooled you with your own evidence, so just STFU already. Do we expect any better? No. This is how WritersBeware operates. When completely humiliated, she just pretends like she won and just keeps on repeating it (without any evidence and sticking hopelessly to her obviously and solidly proven flawed no sale = no case response).
It's only fair that my response be just as repetitive, though much more substantive.
A company that hires American writers can't win a libel case against wewriteessays.com because wewriteessays.com did not write a libelous statement against them. The libelous claim was against Americans in general as writers. So no go there.
What competitors can instead file is a false advertising claim under the product disparagement type. That is,
Product disparagement involves discrediting a competitor's product. The 1988 amendment to the Lanham Act extends claims for false advertising to misrepresentations about another's products.
http://law.jrank.org/pages/6729/False-Advertising-Types-False-Advertising.h tml
Thus, a competitor can hold wewriteessays.com liable under the Lanham Act for falsely advertising against them. As with all the other Lanham Act cases, there is no need to prove that a single sale was ever made by the accused. However, this fact is much more highlighted when it comes to the product disparagement type of Lanham Act cases.
WritersBeware: despite how many times you desperately plead with them to affirm you. I'm not pleading with anyone. I'm challenging them to agree with you, which they can't seem to bring themselves to do. You know why? Because doing so would be forum suicide. If they agreed with you on your "no sale=no case" argument, they'd be affirming that their stupidity is a match to yours. I don't think that your "friends" are stupid. Sucks to be you. ^_____________^
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| WritersBeware |
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Edited by: WritersBeware Oct 14, 10, 06:48PM
| #129 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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Based on your incredibly ignorant assertions, you clearly have no real-world experience in a US federal court of law, litigating matters related to defamation, libel, false adverting, or the Lanham Act. Am I wrong?
I'm not going to continue to go around in circles with you, ya desperate freak.
Let's say that you are correct in ANY of your assertions (which you are not).
Who cares? NOBODY.
Have you made a positive contribution to the forum? NOPE.
Have you in any way protected consumers? NOPE.
Do I care about any personal propaganda that you will surely claim to have established against me? NOPE.
Have you in any way whatsoever disproved ANY of my claims about ANY of the sites/companies that I have addressed in ANY of my threads/posts? NOPE.
What have you accomplished? NOTHING.
CONGRATS! Have a cookie, retard.
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| EW_writer |
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Oct 14, 10, 07:09PM
| #130 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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WritersBeware: Based on your incredibly ignorant assertions, you clearly have no real-world experience in a US federal court of law, litigating matters related to defamation, libel, false adverting, or the Lanham Act.
More worthless banter. Anyone reading this thread can see me launching one reasonable, evidence-backed argument after another while you desperately try to block by repeating your "no sale= no case" statement which is both grossly unsubstantiated and proven ridiculously absurd.
Then you try to veer the discussion off topic by presenting a bunch of new statements that have nothing to do with the current debate. How PATHETIC is that?
WritersBeware: Let's say that you are correct in ANY of your assertions (which you are not).
I am. They're not just assertions, they're well-substantiated arguments. I have accomplished what I sought to accomplish in this thread:
1.) Show that freelance writers are not liable for false advertisement made and launched by the companies they work for.
2.) Humiliate you thoroughly by exposing your gross stupidity about the Lanham Act and even hah!! libel suits. >.<
Now, I have to finish a ton of work. Feel free to repeat your claims of victory. You may want to create more of those dummy accounts and have them post here so that the thread will go to its next page and people won't see how you got your a** kicked again so easily. I'll be back later to just remind everyone of it ALL OVER AGAIN. ^___^
Sucks to be you. :p
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| WritersBeware |
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Edited by: WritersBeware Oct 14, 10, 07:12PM
| #131 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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EW_writer: § 43 (15 U.S.C. §1125). False designations of origin; false description or representation (a) (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which-- (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
WritersBeware: Since (a)(1) clearly indicates that goods, services, and commerce must be present, all that follows in (A) and (B) does not apply to an essay site that has never sold a paper (goods), never sold writing (services), and never engaged in commerce (i.e., sold a product or service). Unless you have existing case law and precedent about such a non-trading essay site to prove your assertions about the application of the law in that specific circumstance, your shallow claims about the "law" are nothing more than the silly blabberings of a deranged, desperate woman who has no real-world experience with the application of the laws in question.
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| EW_writer |
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Oct 14, 10, 07:19PM
| #132 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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WritersBeware: Any person who, on or in connection with any goods or services, or any container for goods, There you go again, sticking with your lame definition of what being in commerce means.
A merchant who is selling something is considered a participant in commerce, regardless of whether he is actually able to sell anything. If the definition of being in commerce and of having sold anything was pertinent to the Lanham Act, it would be defined in detail. It's not because guess what, actual sale is not necessary to prove false advertisements under the Lanham Act.
Like I said, you can repeat your messed up claims to victory all you want, I'll just come back and shove it up your a** ALL OVER AGAIN.
See you in 12 or so hours. ^_^
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| WritersBeware |
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Edited by: WritersBeware Oct 14, 10, 07:20PM
| #133 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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EW_writer: You may want to create more of those dummy accounts Margaret Marsot, you're a worthless sack of lying sh*t. As soon as other people chime in about your stupidity and ignorance, you accuse them of being my "dummy accounts." Are you going to make the same assertions about WRT, FreelanceWriter, pheelyks, AsianWriter, etc. because they agree with ALL of my positions about ESL writers and your fraudulent employer? LMAO! Loser. Have some more Cheetos.
EW_writer: A merchant who is selling something is considered a participant in commerce, regardless of whether he is actually able to sell anything. The essay site in question has no physical goods, no writers to provide any services, and no business transactions of any kind. Therefore, the site is not "selling" anything. Get that through your 5-inch-thick skull.
Unless you have existing case law and precedent about such a non-trading essay site to prove your assertions about the application of the law in that specific circumstance, your shallow claims about the "law" are nothing more than the silly blabberings of a deranged, desperate woman who has no real-world experience with the application of the laws in question.
EW_writer: § 43 (15 U.S.C. §1125). False designations of origin; false description or representation (a) (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which-- (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. WritersBeware: Since (a)(1) clearly indicates that goods, services, and commerce must be present, all that follows in (A) and (B) does not apply to an essay site that has never sold a paper (goods), never sold writing (services), and never engaged in commerce (i.e., sold a product or service).
EW_writer: See you in 12 or so hours. ^_^ Yeah, you need your ugly sleep.
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| EW_writer |
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Oct 15, 10, 06:00AM
| #134 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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WritersBeware: Unless you have existing case law and precedent about such a non-trading essay site to prove your assertions about the application of the law in that specific circumstance, Nice try, you silly dolt. I don't need to find such a case. I won't be able to find a false advertisement case where actual sale was contested because duh... actual sale is not a significant matter in proving whether or not false advertisement was committed. Still can't get that through YOUR thick skull? Not my problem.
EW_writer: To establish that an advertisement is false, a plaintiff must prove FIVE things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer.
That is all there is to it. You don't need to claim that any product was bought. In fact, the offending company may not be selling a product at all as shown on the type of false advertising claim below:
EW_writer: Product disparagement involves discrediting a competitor's product. The 1988 amendment to the Lanham Act extends claims for false advertising to misrepresentations about another's products. Proving the occurrence of sale is simply NOT part of the legal equation for proving false advertising. For determining damages, maybe but NEVER for determining culpability.
See? No matter how many times you wave your "no sale, no case" flag around, I'll be right here re-posting evidence that would just humiliate you all over again.
'till your next pointlessly repetitive, hopelessly sad post. ^____^
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| WritersBeware |
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Edited by: WritersBeware Oct 15, 10, 11:27AM
| #135 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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EW_writer: EW_writer: To establish that an advertisement is false, a plaintiff must prove FIVE things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. Quote your exact source containing that exact text so that I may proceed to tear you apart with the facts, as usual.
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| EW_writer |
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Oct 15, 10, 05:33PM
| #136 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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WritersBeware: Quote your exact source containing that exact text so that I may proceed to tear you apart with the facts, as usual.
ROFLMAO!!!!
Excuses, excuses. I quoted my exact source the first time I posted this. If you could tear me anything, you'd have done so then. What did you say that time?
WritersBeware: The plaintiff must prove ALL FIVE. No sale, no injury. End of story.
PATHETIC.
I won't do your work for you. ^_____^
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| WritersBeware |
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Oct 15, 10, 06:25PM
| #137 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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EW_writer: I quoted my exact source the first time I posted this. COWARD
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| EW_writer |
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Oct 15, 10, 07:16PM
| #138 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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LOL!!! Precisely what I thought you'd say. Sad.. you are so predictable. I'm not a coward. I actually posted how you responded to the statement the first time I posted the requirements for a false advertising claim (with the source).
WritersBeware: The plaintiff must prove ALL FIVE. No sale, no injury. End of story.
See? Only a fool would call that cowardice (which just goes to show...).
The only think more PATHETIC than your one-liners is YOU.
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| WritersBeware |
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Oct 15, 10, 09:40PM
| #139 |
Joined: Apr 19, 07 Threads: 152 Posts: 8,669
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WritersBeware: Quote your exact source containing that exact text so that I may proceed to tear you apart with the facts, as usual. . . . or shut up.
COWARD
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| EW_writer |
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Oct 16, 10, 03:10AM
| #140 |
Joined: Jul 2, 07 Threads: 27 Posts: 2,239
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EW_writer: ROFLMAO!!!! Excuses, excuses. I quoted my exact source the first time I posted this. If you could tear me anything, you'd have done so then. What did you say that time?
WritersBeware: The plaintiff must prove ALL FIVE. No sale, no injury. End of story. ____________________________________________________________________
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