Complaint Counsel's Post Trial Brief - Federal Trade Commission

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