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High Tech Responds ... Again

Company's Lawyer Demands We Remove All References to High Tech Complaints

High Tech Pet • High Tech Settles Deceptive Practices Charges • Consumer Complaints • Purported Compliments • High Tech Responds • High Tech Demands Complaints Be Removed

We received the following from High Tech's attorney on April 20, 2006:

I represent High Tech Pet Products (HTPP). HTPP has invested significant resources in developing innovative pet training products. HTPP has expended considerable resources in marketing and has attained favorable recognition in the trade and with consumers. HTPP has acquired valuable property rights in its name, its products, and its website, and a substantial amount of goodwill has come to be associated with HTPP's products.

Your ConsumerAffairs.com ("CA") website violates HTPP's property rights. CA's offending website utilizes HTML code referencing HTPP's Pet Store, without HTPP's permission and in violation of HTPP's trademark rights. CA uses HTPP's property, without permission, to advertise both CA's own "services" and the services and products of others, as stated in CA's Privacy Policy. Ultimately CA now profits through pirating HTPP's property.

CA is mistaken in its claim that it needs noone's permission to publish consumers' comments. CA's disclaimers of accuracy, endorsement, responsibility and liability are of no moment; CA claims ownership of all "information" submitted by its service users, significantly restricts the user thereof, "selects" the information it posts and, in all likelihood, edits that information.

Moreover, CA's very name initially confuses many, misleading them into believing that CA maintains some official status. CA thereupon profits from posting comments that falsely disparage and damage HTPP; such activities are unprotected and constitute unfair business practices that violate HTPP's rights, including under the Lanham Act.

HTPP hereby demands that ConsumerAffairs.com forthwith remove from its website, all HTML sourcecode containing any reference to HTPP and all complaints the accuracy of which that CA itself has not verified. Should CA ignore our demand, be advised that HTPP can and will enforce its rights.

Please respond no later than April 28.

Very truly yours,

James C. Holland
Attorney At Law
134 N. Conyer Street
Visalia, CA 93291

Well, Mr. Holland's opus is certainly well-orchestrated but we will not be intimidated and will continue to enable consumers to comment, review, rate, compliment and disparage, as the case may be, the goods and services they receive from High Tech Pet Products and the thousands of other companies reviewed on our site.

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