Boston Electrolysis® 9//28/2011
Member of Phoenix BBB

From Kimberly Williams, R.E. Dean
7330 East Earll Drive
Scottsdale, Arizona 85251
Email &

First, I would like to announce that on April 14, 2009, the Federal government awarded to me United States Registration No. 3,601,889 for the trademark Boston Electrolysis®. This Federal registration constitutes prima facie evidence of the validity of the trademark and its registration, and of my (the trademark owner's) exclusive nationwide right to use the mark in commerce in connection with providing hair removal services. The registration also constitutes notice to all parties that the trademark Boston Electrolysis® is the exclusive property of me, Kimberly Williams R.E., Dean. is company I have learned to despise since it moved to Scottsdale, Arizona. is a company that rides roughshod over small business owners across the America and I am one of them. has infringed my federal and state trademarks to profit them at my expense. Without my permission uses my Trademarked business name Boston electrolysis® to disrupt my search engine placement drive internet traffic to their site using my trademark Boston Electrolysis to their website while not listing Boston Electrolysis®. When I said business as usual at office I meant it. Small business owners who have filed complaints with are angry because refuses to answer the phone or be polite. Fact Yelps Regional office policy is to deliberately ignore valid complaints in the hope they frustrate you the business owner. Furthermore the BBB needs to be aware of Yelp.coms dirty business tactics and you should learn just by visiting or just Google complaints about Don't learn the hard way that Yelp Incorporated Jeremy Stoppleman, CEO could care less about your small business and the laws that he breaks are at the business owners expense.

In Yelp.coms pitiful reply to me they did lacked the Common Courtesy to identify themselves and the letter they signed as "The Team Yelp Headquarters" reeks of deception and bad manners. They claim to have a legal team but I have not seen a lawyer's signature on their documents in any form or manner. Than states, "I would like to address your concerns however I am not an attorney and we do not have attorneys on staff, but it is my understanding that the "fair use" doctrine in trademark law as well as provisions in the common decency act do in fact provide protections for service providers who allow for customer reviews. "The Fair Use Doctrine" does not apply for a trademark period unless it's an unless its newsworthy article about a company and then use the owner's trademark to list advertisements for my competitors. Blatantly Breaks BBB Rules & Regulations

Your BBB rules and regulations clearly defines and state online advertisers should not mislead online customers by creating the false impression of sponsorship, endorsement, popularity, trustworthiness, product quality or business size through the misuse of hyperlinks, "seals", other technology, or another's "intellectual property". illegal of my trademark Boston Electrolysis does not Boston Electrolysis® in any form or manner. They illegally use my trademark Boston Electrolysis® to drive business to their website and advertisers who want to be listed under Boston Electrolysis®. On page they have deceptively inserted "Boston Electrolysis Boston ". In addition has placed the Google that is deliberately violating my trademark Boston Electrolysis® see below that Google Ad is illegally using my trademark Boston Electrolysis® in a deceptive manner. The owner of that Google Ad is who is habitual Trademark infringer of Boston Electrolysis® who organized this trademark abuse by hiring advertising team to do this illegal act that willfully infringes my trademark and disrupts my website ranking of being number. Nevertheless knows this is illegal trademark infringement and when you click on the Google Ad that says Boston® Electrolysis Award you go to the website known as The website owner is Sean Patrick O'Neill who is paying yelp to illegally commit trademark infringement in most devious manner, which is another violation to trademark infringement that fails to meet the criteria of the fair use doctrine. In fact every that borders or is illegal and they want to help us little people. On the hand has figured it that most small businesses

Best of Boston® Electrolysis Award

Boston Magazine 1998

In addition has illegally inserted Boston Electrolysis Boston and see enclosed copy Boston Electrolysis Boston. For your information this has been done for the "Fair Use Act" it has been done to illegally electronic spiders that index websites and when the Googlebot indexed there website and the way they have manipulated my trademark Boston Electrolysis®. To the point the Googlebot thought was my website and was indexed as number one over mine. This is so deceptive and illegal and is second violation of my trademark were have hired themselves out to break the law and this is not fair use doctrine.

The other acts committed by were done to distract me with inflammatory content and your assistant told me that since took care of one complaint you should be thankful. Can you tell me how I should be thankful that a company like attacks my Transgendered State of Being in malicious manner the clearly violated"The Matthew Shepherd Hate Crimes Act?" In fact I was amazed that your worker thought well this should make her happy? Then she said were not going to follow this any further since resolved one issue! Gee let them off on one crime and let them commit the other is a further a violation of the Matthew Shepherd Hate Crimes, is that how your conscience thinks? There violating the law and you ignore them, they violate BBB Rules & Regulations and you look the other way? You're violating the whole concept of the BBB and its rules and regulations at my expense and civil rights! How do you think I feel?


I have pasted below the businesses response to your complaint as you did not receive it yet. One portion of your complaint has been resolved, while your trademark issue has not been resolved to your satisfaction. BBB is not the forum to handle legal matters such as trademark infringement. If you wish to pursue this, I would suggest contacting an attorney.

I have decided to close your complaint today as we are not able to resolve your trademark issue. I would like to address your concerns however I am not an attorney and we do not have attorneys on staff, but it is my understanding that the "fair use" doctrine in trademark law as well as provisions in the common decency act do in fact provide protections for service providers who allow for customer reviews. For this reason, we will be closing your complaint with the following closing code in the Yelp review – BBB found business made good faith effort to resolve complaint but customer not satisfied with business response.

Kimberly, I know you won't be happy with this and I do apologize for that; you mentioned that you would be complaining to our headquarters, I wanted to provide you their information if that is what you'd still like to do. The phone number is 703.276.0100 and the organization is Council of Better Business Bureaus. My direct line is listed below if you would like to discuss this personally. You have mentioned that you support BBB in your local area and I am very sorry that you feel we've let you down.

This is the response:

2011-08-16 WEB 1000 - Receive Business Response (Expired 08-16-2011) Hi Kimberly,

Thank you for writing -- we are glad to have this opportunity to address your concerns.

In your complaint, you indicated that your business name is trademarked, and that you want your listing removed because you said Yelp does not have your permission to use it. We sometimes see confusion on this issue, so we want to make sure we're clear about what we do and why we do it.

We list businesses in our directory to allow consumers to read and write reviews about those businesses. Even when a business owner has registered their business name as a trademark, the law protects the right of a website like Yelp to list the name, just as it protects the right of consumers to talk about what they like (and don't like) about a meal they ate, a plumber that they hired, or a car wash that they visited. This right falls under the "fair use" doctrine in trademark law. We hope that helps shed some light this issue.

You also expressed concern about a review on your listing. You said that the user who posted the review was someone who has a conflict of interest with your business. Please note that we are not in a position to verify your claims that Shelby S has a conflict of interest with your business, nor are we in a position to determine whether this user is the same as "Sean Patrick O'Neill" that you mentioned in your complaint. That said, upon further evaluation, we have elected to remove the review, as it was found to be in violation of our Content Guidelines. Please note that if the user chooses to edit her review and it no longer falls outside our guidelines, we will allow it to remain on the site.

We want to make sure you know that there are free tools available to you as a business owner. We encourage you to claim your listing so you can respond to your reviewers, post information about your business, and more. To get started, visit


Yelp HQ

Lori Wilson | Vice President, Operations

Tel: 510-844-2020

Fax: 510-844-2620

Email: | Start With Trust

Golden Gate BBB

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Oakland, CA 94607

Principle I: Truthful and Accurate Communications.

Online advertisers should not engage in deceptive or misleading trade practices with regard to any aspect of electronic commerce, including advertising, marketing, or in their use of technology.

  1. Online advertisers should adhere to the Better Business Bureau's Code of Advertising. Online advertisers should engage in truthful advertising. They should not make deceptive or misleading representations or omissions of material facts.

    1. Online advertisers should be able to substantiate any express or reasonably implied factual claims made in their advertising or marketing and should possess reasonable substantiation prior to disseminating a claim.

    2. Online advertisers should disclose their advertising or marketing to be such if failure to do so would be misleading.

      1. For example, if material information in an advertisement appears misleading because it is difficult to distinguish between editorial content and advertising, the advertising should be labeled as such.

      2. Likewise, online advertisers should not disguise advertising as technical or desktop functionality when doing so would mislead customers into clicking on the advertisement thinking that they were actually performing a technical function.

    3. If online advertisers make price comparisons, they should disclose the basis for, or the geographic area that constitutes, the market area. In all cases, online advertisers should either disclose the date when the comparison was made or if they offer ongoing claims, keep the substantiation current. (Click here for explanation and examples)

    4. Online advertisers should cooperate with any bona fide, industry self-regulatory advertising programs where such programs exist to resolve any advertising disputes. (Click here for examples)

  2. Online advertisers should use Internet technology to promote the customer's knowledge of the products or services being offered and should not use technology to mislead customers. (Click here for examples)

    1. Online advertisers should not mislead online customers by creating the false impression of sponsorship, endorsement, popularity, trustworthiness, product quality or business size through the misuse of hyperlinks, "seals", other technology, or another's intellectual property. (Click here for examples)

    2. Online advertisers may use hyperlinks to add to or supplement information about goods or services but should not misleadingly use hyperlinks or information provided via a hyperlink to:

      1. contradict or substantially change the meaning of any material statement or claim,

      2. create the false impression of affiliation,

      3. create the false impression that the content, merchandise or service of another's business is their own.

(Click here for examples)

    1. Online advertisers should only use search terms or mechanisms that fairly reflect the content of their site. (Click here for examples)

    2. Online advertisers should make sure that any third-party "seals" or endorsements that incorporate links to self-regulatory or ethical standard programs are functional so that customers can easily verify membership in the seal program and determine its purpose, scope, and standards. Any online advertiser that participates in any third-party self-regulatory or ethical standard or seal program should do so in conformity with that program's instructions regarding the display, activation, and uses of the seal or endorsement. If an express or implied claim is made through the use of a seal or text, the online advertiser should provide customers with the opportunity to understand the details behind the program, including the program's claims, scope and standards. (Click here for explanation and examples)

    3. Online advertisers should not knowingly link to, or accept affinity or royalty payments from, deceptive, fraudulent, or illegal sites.

    4. Online advertisers should not deceptively interfere with a customer's browser, computer, or any appliance the customer uses to access the Internet. (Click here for explanation and examples)

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