I think it's time we updated this thread with the more recent antics of one Joe Isaacs, better known here as FHTM/fhtmclassaction.
As we described above, FHTM (the MLM scammers) got an injunction against Isaacs prohibiting trademark infringement. It didn't take long for FHTM to move for a contempt order against Joe for violating the injunction. The Court denied the motion without prejudice, because the Court found that Joe had promised again to knock it off.
FTHM moved again for a contempt order near the end of last year. This time, the Court held a full-blown evidentiary hearing. The order that resulted is here
. First the Court set out the background:
In September 2009, Isaacs, a Florida resident, became an IR for FHTM. Shortly thereafter, he organized Fortune Social, LLC (“FSL”) to operate a website called http://www.fortunesocial.com
(the “Website”). The purpose of the Website was to facilitate networking exclusively among FHTM IRs. FSL is also the registrant of the domain names of other websites that provide online training to FHTM IRs who are registered members of the Website. According to FHTM, the Website has misappropriated FHTM’s trademarks and service marks and sought to profit from FHTM’s good name and reputation. When Isaacs refused to remove the trademarks and service marks from the Website, FHTM terminated Isaacs. FHTM contends after Isaacs’ termination, he continued to use FHTM’s marks and tradenames, and also used the Website to defame and disparage FHTM and to distribute false and misleading documents that purport to be state court pleadings and press releases.
And, of course, Isaacs came here
to attempt to recruit "victims" so he could provide them "tools". We've been through this above.
The Court then relates the events leading to the injunction and the first contempt motion. Then the more recent history:
On October 28, 2010, FHTM filed a second motion for contempt [DE #34]. FHTM contends that the defendants have continued to use the name and trademarks associated with FHTM, its business and its IRs. Specifically, FHTM alleges that Isaacs has posted and reposted purported press releases through various web-based media that copy from his pleadings in the pending arbitration with FHTM. Additionally, FHTM alleges that Isaacs has created and maintained a webpage for Fortune Social on the social networking site http://www.facebook.com
. Finally, FHTM alleges that Isaacs has continued to use FHTM’s tradename and trademarks in internet-based media by maintaining a webpage for “Fortune Hi-Tech Marketing” that features FHTM corporate logos and images, and that appears to be a social networking page maintained by FHTM. Based on this conduct, FHTM moves the Court to hold Isaacs in contempt and sanction him by requiring him to cease his “defamatory smear campaign” and awarding FHTM its costs and fees associated with bringing this motion.
You can read the Court's account of Isaacs' backing and filling for yourselves. Basically, it was a mix of "Oops, slipped my mind" and "The dog ate my homework". But, by the time the hearing came around, Isaacs had once again knocked off the injunction-violating behavior. Accordingly, the Court found the matter moot - with the following caveat:
The Court understands FHTM’s concern that it is only after the filing of two motions for contempt that Isaacs has fully complied with the Agreed Order. While Isaacs has offered excuses for his delay in full compliance, the Court will not accept any further excuses. The Agreed Order is clear, and Isaacs must make all reasonable efforts to ensure that he continues to obey the Court’s Agreed Order.
God knows I have no love for FHTM. However, what really ticks me off is Isaacs' attempt to solicit here on Quatloos. These two deserve each other.