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My Transformation has been used on a HGH website!?!?!

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  • My Transformation has been used on a HGH website!?!?!

    check here.. half way down the page

    http://www.bigmusclesbuilding.com/hg...thhormone.html

    http://www.bigmusclesbuilding.com/hgh-3.html


    Unbelieveable!! How do i go about making this an issue?

    I should SUE! fasle advertising

    I cant believe they put im 19, and it took me 6 MONTHS to do that transformation. I feel robbed. A couple of guys on bb.com forums pointed it out to me. Couldnt believe it.

  • #2
    Originally posted by dee213
    check here.. half way down the page

    http://www.bigmusclesbuilding.com/hg...thhormone.html

    http://www.bigmusclesbuilding.com/hgh-3.html


    Unbelieveable!! How do i go about making this an issue?

    I should SUE! fasle advertising

    I cant believe they put im 19, and it took me 6 MONTHS to do that transformation. I feel robbed. A couple of guys on bb.com forums pointed it out to me. Couldnt believe it.
    Sorry Dee Hopefully someone here can tell you how to handle this.

    Thats just *ucked up!
    What typos?


    Disclaimer: All flirtatious posts under the name of Booty are all in good humor and do not represent the official thoughts of the actual person behind the screen name.

    Comment


    • #3
      Yeh i think i can just ask them to remove it.


      EDIT: I tried to contact them, emails just come back to me.
      Last edited by dee213; 06-10-2006, 10:57 PM.

      Comment


      • #4
        Wow! That is pretty messed up.

        I'm sure if you ask them to take it down legally they would have to. If they don't then you would pursue legal action.

        Stupid companies lying to consumers

        Comment


        • #5
          No no no don't contact them. That will just alert them. Find out who owns the site contact the owner of the server etc.

          I can help if you like.

          Just PM me


          CROWLER
          President

          www.AnabolicInnovations.com
          www.HealthyCheatFoods.com

          Comment


          • #6
            that stinks Dee!!! aiyckkkk

            *Ab tries to rack out her limited law knowledge...* Here is a mini law lesson for ya'll......

            Obviously the best and most efficient way to get around this is to email them and tell them to take it off. Since it hasn't really worked, you have a number of options. However, this can be a long and arduous process - since you are now dealing with both internaional and cyberspace laws, not merely Australian law.

            So anyway, since it is of my interest, I have dug up the following for you. Basically, you can try to sue under
            section 52 of the Trade Practices Act 1974 (Cth) ==>

            Misleading and Deceptive Behaviour

            In layman's terms, it means that in order for you to succeed in an action or claim in this area, you will need to prove all of the following elements:

            A corporation shall not in trade or commerce engage in conduct in Australia that is misleading or deceptive or is likely to mislead or deceive
            They have put your picture in conjunction with their claims/products which would cause a reasonable person to believe that their product would produce the same results.

            -----------------------------------------

            The prohibition applies to material viewed on a website and to online conduct including advertising, writing, conducting business, putting information on the Internet about the business, products or services.
            This sentence is also in your favour

            ----------------------------------------

            Who can sue? - this part is harder to prove

            In order to sue for damages, there must be reliance by a person on the misleading or deceptive conduct and a causal link between the conduct and the damage suffered by that person. A person must show he or she was induced to do something or refrain from doing something by virtue of the conduct and suffered damages as a result. The test is a matter of fact in each case. The prohibition is not intended to protect an "extraordinarily stupid person" or a "fool in a hurry".
            Whoa - lots of issues here:

            * Did you or did anyone you know rely on this statement and thereby suffered damage/loss - e.g. bought the product based on its claims?

            * Does not protect a stupid person - this leads me to the questioning of the credibility of the website - yes it is an advertisement, the site contains a lot of spelling and grammatical errors - lends one to think that perhaps the advertisement is merely a "puff piece" meaning that it is not supposed to be taken seriously.
            However, this point is arguable!!! - they are an online business, may need to find out how reliant they are on the use of your pictures to make sales... not too sure on this point.

            ------------------------------------------

            Onto the fact that it is conduct outside of Australia


            The prohibition extends to conduct engaged in outside Australia by companies incorporated or carrying on business in Australia. (10) A foreign company may be carrying on business in Australia if it carries out its business though a subsidiary in Australia.
            They have an option for international orders, their Australian number being +61-28-080-2778 - looks to be in Sydney ---

            All in all, on analysis of the facts, you may have grounds for a claim - if you succeed, you may receive damages (minimal since you haven't really been damaged) or an injunction (they remove your picture from the website)

            --------------------------------------------------

            If that doesn't work, you may also look into the tort of defamation, which essentially seeks to protect the reputation of individuals (you) by granting the right to sue for damages.... however....
            There is no specific legislation dealing with the issue of defamation on the internet.
            sorry

            Hope it helps.........actually, just hope that they answer their emails soon, nevertheless, you still rock!




            info from:
            http://www.oznetlaw.net/facts.asp?ac...categoryid=229

            Comment


            • #7
              sure you can sue. You can sue anyone, it just depends if you win or not and then will you ever collect. Guy probably lives in another state so you may have to serve him there, pay an attorney etc etc etc. End up spending THOUSANDs and get nothing.

              Better to contact Yahoo as that is the email addy he is using they do not take kindly to that sort of thing. I have the guys name and phone number who owns that site, if you want it.

              Probably pretty easy to find out the credit card processing company he uses if he collects money himself, they are just a phone call and/or email away and do NOT like the sort of thing he is doing as it can cause charge back.

              I can do a little more searching and find out if he pays a company to host the site. If he does you contact them and let them know what is going on. They are probably honest and will take the site down and/or contact the guy to get your pic off there pretty fast.

              Probably another 20 things you can do. You just have to decide what is your goal. If it is to get your pic taken off, probably can get it done in 1 or 2 business days, but as far as getting money from him well I wouldn't hold your breath. You would have to prove he made money, how much he made, was it because of your picture and on and on and on.

              OR you could just think WOW I did such a good job someone used my pic, and just forget about it.


              CROWLER
              Last edited by CROWLER; 06-11-2006, 12:35 AM.
              President

              www.AnabolicInnovations.com
              www.HealthyCheatFoods.com

              Comment


              • #8
                you should tell him you want to be paid for the pics
                Owner of Fitness Paramount Personal Training

                Comment


                • #9
                  Originally posted by asianbabe
                  that stinks Dee!!! aiyckkkk

                  *Ab tries to rack out her limited law knowledge...* Here is a mini law lesson for ya'll......

                  Obviously the best and most efficient way to get around this is to email them and tell them to take it off. Since it hasn't really worked, you have a number of options. However, this can be a long and arduous process - since you are now dealing with both internaional and cyberspace laws, not merely Australian law.

                  So anyway, since it is of my interest, I have dug up the following for you. Basically, you can try to sue under
                  section 52 of the Trade Practices Act 1974 (Cth) ==>

                  Misleading and Deceptive Behaviour

                  In layman's terms, it means that in order for you to succeed in an action or claim in this area, you will need to prove all of the following elements:



                  They have put your picture in conjunction with their claims/products which would cause a reasonable person to believe that their product would produce the same results.

                  -----------------------------------------



                  This sentence is also in your favour

                  ----------------------------------------

                  Who can sue? - this part is harder to prove



                  Whoa - lots of issues here:

                  * Did you or did anyone you know rely on this statement and thereby suffered damage/loss - e.g. bought the product based on its claims?

                  * Does not protect a stupid person - this leads me to the questioning of the credibility of the website - yes it is an advertisement, the site contains a lot of spelling and grammatical errors - lends one to think that perhaps the advertisement is merely a "puff piece" meaning that it is not supposed to be taken seriously.
                  However, this point is arguable!!! - they are an online business, may need to find out how reliant they are on the use of your pictures to make sales... not too sure on this point.

                  ------------------------------------------

                  Onto the fact that it is conduct outside of Australia



                  They have an option for international orders, their Australian number being +61-28-080-2778 - looks to be in Sydney ---

                  All in all, on analysis of the facts, you may have grounds for a claim - if you succeed, you may receive damages (minimal since you haven't really been damaged) or an injunction (they remove your picture from the website)

                  --------------------------------------------------

                  If that doesn't work, you may also look into the tort of defamation, which essentially seeks to protect the reputation of individuals (you) by granting the right to sue for damages.... however....
                  sorry

                  Hope it helps.........actually, just hope that they answer their emails soon, nevertheless, you still rock!




                  info from:
                  http://www.oznetlaw.net/facts.asp?ac...categoryid=229
                  thanks for that detailed info asianbabe. Really useful. I emailed the company they are advertising for. I'll see where it goes from there. I gues its not really a big deal but still wrong of them to do it.

                  Comment


                  • #10
                    Originally posted by CROWLER
                    sure you can sue. You can sue anyone, it just depends if you win or not and then will you ever collect. Guy probably lives in another state so you may have to serve him there, pay an attorney etc etc etc. End up spending THOUSANDs and get nothing.

                    Better to contact Yahoo as that is the email addy he is using they do not take kindly to that sort of thing. I have the guys name and phone number who owns that site, if you want it.

                    Probably pretty easy to find out the credit card processing company he uses if he collects money himself, they are just a phone call and/or email away and do NOT like the sort of thing he is doing as it can cause charge back.

                    I can do a little more searching and find out if he pays a company to host the site. If he does you contact them and let them know what is going on. They are probably honest and will take the site down and/or contact the guy to get your pic off there pretty fast.

                    Probably another 20 things you can do. You just have to decide what is your goal. If it is to get your pic taken off, probably can get it done in 1 or 2 business days, but as far as getting money from him well I wouldn't hold your breath. You would have to prove he made money, how much he made, was it because of your picture and on and on and on.

                    OR you could just think WOW I did such a good job someone used my pic, and just forget about it.


                    CROWLER
                    lol... "OR you could just think WOW I did such a good job someone used my pic, and just forget about it." Only positive spin to it.

                    Comment


                    • #11
                      Originally posted by adoniscomplex
                      you should tell him you want to be paid for the pics
                      i wish that would work. im sure he could find someone to steal pics from.

                      Comment


                      • #12
                        That is seriously fucked up..... especially if you have plans to model, compete etc... the internet certainly has it's downsides.

                        Comment


                        • #13
                          Possible offender:

                          Domain Name: HGHENERGIZER.COM

                          Registrant [302847]:
                          Ultra Herbal LLC
                          Hunkins Waterfront Plaza
                          Main Street
                          P.O. Box 556
                          Nevis
                          00000
                          KN


                          Here is how the original site is cashing in on your photo:

                          http://www.hghenergizer.com/signup.php
                          Last edited by pu12en12g; 06-11-2006, 02:34 AM.

                          Comment


                          • #14
                            Man that really sucks, especially if you never autorized them to use your info or used their products. Sorry you were exploited. Good luck with getting it resolved.

                            Comment


                            • #15
                              Company Name: ULTRA HERBAL LLC

                              Contact Person: Mr. David Rivero

                              Address: Hunkins Waterfront Plaza Main Street
                              P. O. Box 556, Charlestown, Nevis, West Indies, Saint Kitts and Nevis

                              Telephone: 1-866-200-1060
                              Fax: 1-800-864-4998

                              Website: http://www.ultraherbal.com

                              http://www.ultraherbal.com/contact.php

                              If they don't take action, let me know and we can take it to the "next level"... I recently went to the "next level" with United Airlines (and won) with zero legal action.
                              Last edited by pu12en12g; 06-11-2006, 02:44 AM.

                              Comment

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