Complaint Counsel's Post Trial Brief - Federal Trade Commission
Complaint Counsel's Post Trial Brief - Federal Trade Commission
Complaint Counsel's Post Trial Brief - Federal Trade Commission
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Respondent DCO "is the ONLY nutrtion company where the owners personally tell<br />
thousands of people to visit your offce or store." (CX 22).<br />
66. Respondent have called some distrbutors ofDCO products "silver-line carers" and<br />
"gold-line carers." (J. Feijo, HOJ Tr. 125). "Gold-line carers" maintain a broader<br />
range of products than the "silver-line carers." (J. Feijo, HOJ Tr. 126).<br />
67. Respondents' distrbutors have included stores such as Natue's Pharacy in Altoona,<br />
Florida; Herb Shop Unlimited, in Adel, Georgia; The Poppyseed in Peculiar, Missour;<br />
Herbal Connection in Lake Park, Georgia; Beehive Natual Foods in Poplar Bluff,<br />
Missour; Discount Nutrtion in Monroevile, Pennsylvana; and Organc Pride in Plant<br />
City, Florida. (J. Feijo, HOJ Tr. 131-32).<br />
68. Respondents' distrbutors have also included chiropractic centers. (J. Feijo, HOJ Tr. 134<br />
35).<br />
69. Doctors and stores that car DCO's product line get the product at a lesser price because<br />
they are going to be selling it. (R16 (P. Feijo, Dep. at 71)).<br />
70. One doctor who is a distrbutor places about a 40 percent markup on the DCO products<br />
he sells. (Min, HOJ Tr. 287-88; J. Feijo, HOJ Tr. 311).<br />
71. On their Web site dclstore.com, Respondents promote an affliate program, statig the<br />
following: "Welcome to the DCl Affilate Program! Our program is free to join, it's<br />
easy to sign-up and requires no techncal knowledge. Affliate programs are common<br />
thoughout the Interet and offer website owners a means<br />
of profiting from their<br />
websites. Affliates generate sales for commercial websites and in retu receive a<br />
percentage of the value of those sales. How Does It Work? When you join the DC 1<br />
Affliate Program, you wil be supplied with a range of baners and textual<br />
links that you<br />
place with your site. When a user clicks on one of your lins to the DC 1 Affliate<br />
Program, their activity will be tracked by our affliate softare. You wil ear a<br />
commssion based on your commssion tye. Real-Time Statistics and Reportg!<br />
Logi 24 hours a day to check your sales, traffc, account balance and see how your<br />
baners are perormg. You can even test conversion perormance by creating your own<br />
custom links! Affliate Program Details. Pay-Per-Sale: 10% of<br />
all sales you deliver.<br />
$100.00 USD - Minium balance requied. . . . Payments are made on the 151 of each<br />
month, for the previous month." (CX 29 (emphasis in bold in origial; emphasis in<br />
italics supplied)).<br />
72. An entity does not have to be a religious mistr to become an affliate of Respondent<br />
DCO. (J. Feijo, HOJ Tr. 114).<br />
73. The trademark symbol appears next to Respondents' ter "BioMolecular Nutrtion" and<br />
Respondents' products 7 Herb Formula, GDU, and BioMixx. (CX 17).<br />
the DCO Products, and the information<br />
relating to the identity of each ingredient and the amount of each ingredient is contained<br />
on the labels for the DCO Products. (CX 39).<br />
74. There only has been one version of each of<br />
6