By Dan Mitchell, MLM Blog Correspondent
From Lazy Man and Money:
For those who don't know, MonaVie is a juice, that retails for $1.70 an ounce (yes ounce). Being the consumer advocate that I am, I wrote that I think MonaVie is a scam since it's around $1500-$2000 a year per person and has no proven health benefits. (In fact, only people associated with MonaVie even allege that it's healthy and never address that for less money you could buy healthier foods.) My critical article has been pretty popular, somehow gathering a few devoted followers who have added new research on a daily or weekly basis. That has helped it rank on the first page of Google for the company's own term, "MonaVie".
With that in mind, MonaVie sent me a cease and desist on the article. It's not really a surprise to me, as I'm sure have this criticism in such prime real estate as Google is not good for their business. In fact, I'm proud that my criticism is apparently costing them enough sales where they feel they need to do something (however far-fetched) to shut me up.
Here's the e-mail that they sent to the company that does the private registration on my domain:
Subject: Trademark Infringement
Dear Domains by Proxy, Inc.:
MonaVie LLC (MonaVie) has been informed of the website(s) http://www.lazymanandmoney.com/monavie-scam-was-my-wife-recruited-sell-snake-oil/ registered through Go Daddy Domains. As the registrant, MonaVie asks that you remove all references to MonaVie and its products.
As a network marketing company MonaVie does not permit its name to be used in any URL or email address and the company must take necessary action to protect its intellectual property. It is not permitted for a third party vendor to use the MonaVie trade name in any form.
The MonaVie name and symbol are registered trademarks. (U.S. Reg. Nos. 3111333, 3111332, 78526279). MonaVie's federal registration of these trademarks provides MonaVie with the right to restrict the use of the trademark, or a confusingly similar trademark, in any way that misrepresents the origin of MonaVie's products or dilutes the MonaVie brand and goodwill associated therewith.
State and federal law supports our position that the use of MonaVie's trademarks and proprietary copyrighted material may cause confusion among customers. This confusion may cause substantial harm to the trademark by facilitating the loss of its effectiveness in establishing a distinct association between it, MonaVie's products & services, and MonaVie's goodwill. Your unauthorized use of MonaVie's federally registered trademarks amounts to an infringement of MonaVie's trademark rights.
MonaVie wishes to settle this situation amicably and therefore, requests that you immediately cease the use of our trade name MonaVie. Additionally, we request that you respond to this email within seven (7) days to confirm this action via email to: [Editor's note: e-mail address erased].
Failure to comply with our requests may result in legal recourse to protect our vested interests in the aforementioned trademarks and trade names. Should you have any questions, please contact me at the following number [Editor's Note: Phone number removed].
Respectfully,
Heather SeamonsDistributor Compliance Specialist