Melaleuca Versus Ted Nuyten Lawsuit?
| Ted Nuyten – Business For Home |
Frank Vandersloot – CEO Melaleuca |
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On 16 December I published the post: Terry Dorfman versus Melaleuca lawsuit with pictures of the people involved: Terry Dorfman, Frank Vandersloot and Ken Dunn. I got an email from the Legal Department of Melaleuca in which they request me to take the website down immediately:
Dear Mr. Nuyten:
I am a legal assistant at Melaleuca, Inc. (Melaleuca), of Idaho Falls, Idaho in the United States of America. I am writing to complain about the the website 2010112/terrydorfman-versus-melaleuca-lawsuit-max-international-and-ken-dunn!> (Website), which you are hosting.
Melaleuca requests that the Website be taken down immediately because the Website displays an image that is the copyrighted property of Melaleuca without authorization.
In particular, the Website displays a copyrighted image of Melaleuca's CEO, Frank L. VanderSloot. Relevant details are set f0l1h in the Notice of Copyright Infringement that is appended below.
As you may know, under the Digital Millenium Copyright Act, you can be held liable for copyright infringement if you fail to take prompt action in response to this request. Please let me know once the Website has been taken down, and feel free to contact me with any questions.
My answer to Melaleuca is: No, I am not taking the website down, but I am willing to replace the picture of Frank Vandersloot, please send me an image. (Update 3 Januari 2011, a former Melaleuca distributor send me a photo, and the picture is replaced….)
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Never a dull moment
Just take the photo’s of the site. Problem solved.
Sure, replace the picture, why not? Notice they didn’t ask you to replace the picture, but to take down the website. I’m sure the real issue for them is trying to get rid of the page exposing this gross lawsuit involving Ms. Dorfman. On a slightly unrelated note, if I am looking for a good MLM opportunity, I would probably not join a company that spends so much time and money suing other companies, former distributors, and going after unbiased, third-party websites, like this one.
It is not necessary to publish photos. In fact, being in a lawsuit, it always serves you best to remove such things even if you are right – I know this from experience. It does nothing but fuel the fire. They are not worth the energy.
Which brings me to an interesting thought: So far for the positivism surrounding the MLM Industry… 😉 LOL. Being sued with “copyright infrigment” Ted? WOW! Melaleuca is definitely not on my favourite list of MLM companies to deal with now.
Leave the post up, comply with necessary requirements so you are not involved in any legal action. Your site is a great source of information and we feel it is very credible and informative.
Thanks,
Bob Chapman
CEO GoCaboodle.com
I am sure that most MLM companies that have problems would like to shut your site down – they do not like their dirty washing being seen in public!
Your site is one of the best on the internet because you keep us up to date with what is happening in our industry in a totally unbiased way – I would certainly put my name behind you if you needed it in support of any (threatened) action Melaleuca might take.
I wish you and your website great success in 2011.
Stephen Bourne
Amaranth Orchid
FM Group
I am sure that there are hundreds if not thousands of former Melaleuca distributors that have non-copyrighted photos of themselves with Frank Vandersloot that would gladly offer them for cropping and use on your website. After a decade of personally seeing many individuals build very successful businesses with Melaleuca only to have them taken away unjustly it pleases me to see Frank Vandersloot and his company brought down a notch or two.
Kudos to Ms. Dorfman for her courage to stand strong against Frank Vandersloot and his greedy fear- based tactics.
I agree with Rene: just take the photo’s of the site.
They don’t make themselves very populair this way…
Of course – take the site off line and allow the poor dear to continue to harass and threaten people in the dark and let’s protect him from any inconvenient publicity. In case you missed it, that was heavy sarcasm. It’s amazing to see how fast this type of individual sqeals ‘foul’ as soon as they face being exposed for the overbearing manipulative bullies they are. Nobody expects everyone in business to be an angel but the quicker this type of ‘businessman’ find another industry to damage the better frankly.
Regarding the photograph, I guess having added Terry Dorfmans commissions to his coffers, Vandersloot has more money than you so to save yourself the legal fees you might like to replace the picture with something more appropriate – I leave it to others to suggest a suitable replacement???
You crack me up Ted, get em brother!
Dear Ted, whatever you do, don’t put the future of your fantastic site at risk! Don’t let anyone intimidate you; take off the photo, make Melaleuca happy – let them win the battle, you win the war. Melaleuca should be ashamed – and trained about how to handle sticky PR-situations. Keep up the good work, Ted!
Ted,
I think most people ahead of me in this post have already given you sound sage advice.Win the war sir
not the fight.
As distributors, we need this site. Even though I have chosen my company,I want the industry of MLM to keep doing well and threats and bullying like this makes people feel that we operate with a gang mentality.
Ted,take the picture down and continue the great work that you do sir.
In all you do,be the best and never forget that you were born to win.
Regards,
Charles Emeka
Ted, its amazing that a company like Melaleuca finds a site like yours so important to send a letter…good publicity for you now you see what effect your site has on the big guys! Change the picture for one that makes no “infringement” on their copy rights, or get one from another disappointed distributor I I am sure the company has many) and let the actual battle to them, remember the Roman empire? It started by disharmony WITHIN the empire and the result was a complete collapse from a world empire…wonder if this is the first “sign” of that! Keep up the good work and never allows anything to bring you down! WE appreciate all you do and applaud your recognition of our company GWT as the NO 1 business opportunity in the world for 2010/20111!!
If this image has a copyright, you need to take the picture down and replace it with one that has no copyright (if you can find one), as you don’t want to have to face litigation over this. Copyright images require permission from the subject to publish that image anywhere. You would most likely lose the lawsuit and have to pay this jerk damages.
The fact that a letter was sent demanding that you take the whole website down tells me that these people believe they are in charge of the Internet. I agree with you – offer to replace the photo with a non-copyright photo, but I wouldn’t count on getting one from Melaleuca. You should be able to find a link to one on the web somewhere. You could also do a caricature of this worm featuring devil horns and a pitchfork.
Don’t take the website down, though. People need to know just what kind of company Melaleuca is and how they treat their distributors. I am so turned off by Melaleuca after learning about their tactics from your site. I wouldn’t purchase their products much less recruit distributors.
Having been in the industry for 40+ years I have to say I have heard more termination and “I quit” stories from successful distributors in Melaleuca than the entire rest of the industry combined. It seems that Mr. Frank can’t get it through his head that we work these businesses to achieve time and money freedom, not to become his corporate slave. To paraphrase an interview I heard with Mr. Donald Trump,
“all publicity is good publicity”. i would interpret that to mean it is good for Ted and not so good for Frank. So my advice is take the pic down and let the game roll on. Keep up the great work. Craig Kintzel.
Ted, seems like a pretty simple answer, just take his picture down. There are plenty of pictures around that aren’t copywrited. In fact, I could send you one, if you need it! Was done on my camera, so I own it! hahahaha!
As for the truth you are posting on your site, LEAVE IT UP! I’m glad the truth is getting out about how this company treats its distributors!
I heard thru the grapevine that you aren’t the first to be threatened with a suit, they have also threatened others when something negative gets published about them. Too bad! If they don’t like it, maybe they should treat their distributors with respect.
Terry has a good suit against them. Natalie has won every motion they have brought against her. Others, like us, can’t afford to fight them for the wrong they did to us. The networking world needs to know the truth.
Thank you for your courage to post!
Just stop posting this stuff. It just brings about negative thoughts regardless of what company your with. So yes i am in favor of it being removed. We receive enough criticism from without.
Josh, I am sorry to disagree with you. The networking industry is exploding and we are beginning to attract people that never would consider us in the past. We cannot afford for companies like Melaleuca to tarnish the good work and attractive culture that makes network marketing so wonderful. Everyone in our industry has heard the rumblings from distributors at Melaleuca for years. We’ve heard how litigious their owner is and many of us have known to stay as far as possible from them. If you follow the blogs the criticism is not about the industry it is about this particular company that has the potential to ruin it for the industry. We need to put a stop to this and help clean up the network marketing name. We cannot do that while companies run around suing everyone and THEY are bringing the negativity – not blogs like this. Most people who join their first company have no idea about policies and procedures and may see Melaleuca as “normal” when in fact it is not. I, for one am happy that this is finally making it to the public forums. I have been in network marketing for 25 years and have hated to hear their distributors talk about how they are not part of network marketing…as if they are better than everyone else! I have friends in Melaleuca that tell me they disagree with what Frank does and in fact, hate the direction but are afraid to speak out as they might get terminated for voicing their opinion! Finally, they can’t hide it anymore and maybe this will take them down a notch or two. Let?s get everyone responding and maybe those that do a bit of research before joining their first company will be better prepared and know what to avoid….Maybe we should recommend that everyone type into google their prospective company and ?lawsuits? to get a better idea what kind of company they truly are. I don?t believe anyone would join Melaleluca if they did just a little digging. Terry Dorfman is not the first victim but maybe we help her be the last one. Josh let?s protect this industry by exposing those within it that are creating the negativity!
Ted,
First I’d like to add that I don’t think the letter sounded very professional, and that I think what
they’re asking is to take down the specific page and not your entire site. I agree with others
in that I would ABSOLUTELY remove the picture. You really don’t need the picture.
Dear Ted,
It shows how important your site is valued! Great work! I would take the picture off and change it for another one or even leave the post without a picture. The picture is not that important in my opinion, the facts are. Thanks Inge
Thank you Ted for your great site! Please do not take this site down as it is invaluable, especially to those of us who have been victims of a lawsuit. Sites like yours will help educate people and make new prospects far more aware of what to look for and what to avoid. I am so pleased to see the support Terry Dorfman has received…she deserves it!
Ted, this is a world of free speech. Ie, weaikilinks or however you spell it. I wouldn’t take anything down. If you are publishing the truth then let them live with it. To many people gave in to fast. If the owner of melaleluca can’t stand the heat tell him to shut down his company.
Hi Ted,
I have to say it was a priviledge and an honor to meet you at our GWT convention this past year. After meeting you and speaking with you, I know that you are a man of honesty and integrity. You have proven that over and over again with the information you are providing to all of us leaders in this most exciting industry. Show Melaleuca you are the bigger man and remove the picture and continue to lead the way with grace and integrity.
Very interesting – they actually want you take down your whole site? Really?
Here are a bunch of images of Frank from Google Images – are those copyrighted?
https://images.google.com/images?hl=en&source=imghp&biw=1117&bih=508&q=frank+vandersloot&gbv=2&aq=f&aqi=g1&aql=&oq=&gs_rfai=
I just occurred to me that the letter is from a “legal assistant”, whatever that means (to me it means a clerk or secretary). Hmmmm……obviously Melaleuca is firing the first shot to test the water using a “legal assistant”. Apparently they are too cheap to hire a lawyer on the first go round. LOL – !!! I would be willing to bet that if you posted another photo of Mr. Vandersloot, they would come back with a “all images/photos are copyrighted” letter. Another thing that is interesting is that the “legal assistant” put a statement of “under penalty of perjury” for her signature, but without using a notary public to do so.
This sounds like a mickey mouse way for Melaleuca to play a game to see if they can scare you into taking the site down. I don’t know – if I were you, I might just keep it the way it is and see what they do next. If a letter comes from an attorney, then you’ll know they want to play hardball.
Dear Ted. Keep up the good work and don’t ever jeopardize your site. We need you. Just report the facts which are legally available. Let others make personal remarks in your “respond” section (I have learned alot about the MLM industry while reading comments). Those companies that don’t have ethics or morals will usually not survive as long as we have people like you who keep us informed. I am a business partner with 2 MLM’s and would never steal someone from one to join the other. When you let greed or power start to corrupt your business then you should get out. My 1st priority is to use a companies product or service because I believe in it and it is good for me. 2nd, get others to feel the same way. 3rd, work together on the business. Best part of an MLM is you get rewarded for your efforts. Work hard, earn hard. Best wishes to everyone in the New Year.
This is hilarious! It?s funny how people try to save face by hiding behind legal tenants that make no sense. I love the internet! And I love the free expression of ideas. Any organization which tries to limit this freedom will face fierce backlash. I sure hope Melaleuca realizes that this just puts them further into the hole. Admit your mistakes, pay for the consequences and move on!
HI Ted, when will mlm companies stop trying to sue people who expose what is happening. Xocai went after me for using the phrase “healthy chocolate” on my web site. Apparently they ahve a trade mark and theirs is the only healthy chocolate on earth!
You made my day Ted ….can’t stop laughing
Just imagine building your biz with company like this.
They are living in the La La Land that?s for sure
Direct Sales and MLM is the greatest industry on earth with the greatest opportunity
on earth for the average individual today to hit a financial home run.
It is sad and most dismaying to see behaviour being displayed by a large company and its
CEO within this industry that brings a negative image to the industry
at a time when more than ever the industry can help people change their lives.
Thank you Ted for being a great voice for the industry and exposing the good and
the bad through your incredible business for home site and keep up the great work.
Oh yes change the picture to one of many I am sure has no copyright infringements as
we can’t risk your great site and content being touched but it is astonishing that this
is a point they would actually have their legal department write you on!!
Kudos…Thanks for being STRONG, Ted. But, I don’t think it’s worth the hassle of a lawsuit.
I’d keep the picture up until the next round comes from them.
It’s a 2-bit chicken-sh#t way that they conduct business. I would never buy another item from Melaleuca.
Ted, I’m not surprised that Frank is offended by your use of his image. I’m getting more and more offended by his image, too. But not as much as by his behavior. Perhaps it’s as well that Melaleuca ISN’T an MLM company (just ask them), or he could perhaps be accused of Mega-Lo-Mania.
Anyway, I’ve posted an image of exactly the same dimensions as his photo on my blog that you’re welcome to use in its place. You’ll find it at https://REALnetworkmarketing.com/?p=1217 under the title “If thine eye offend thee, cut off thy head”. I promise not to accuse you of copyright infringement!
Ted, I support your decision to not take the website down. Who are they to order you to take your site down. Like you said,if they are concerned about the photo they can offer you another;otherwise,they need to shut their mouths and stop trying to be a bully.
Agree with most here to remove picture to protect yourself from legal rangles but note why no picture is available. You provide a very valuable service to the entire industry. Might add a Paypal button for donations for legal issues of this sort, I believe you have a large loyal following willing to support the cause.
Good luck my friend.
And Happy New Year!
Idiots! I am so sorry to say this but it is companies like this that give MLM a bad name! Why in God’s name did they have to try and strong arm a distributor of that status and level with that kind of income? It is best to have companies that operate honestly and openly instead of trying to find ways not to pay the top distributors. I bet it is because they ahve grown such large networks and earn so much money that the company CEOs get greedy and find ways to cut them off!
I hope DSA are seeing this and can do something (like de-list them. The lesson here for all of the MLM industry is simple, always have an ace up your sleeve (by investing your huge earnings in tangible assets like real estate, related business – training and support etc) just in case after five to seven years of hard work, the company CEOs get greedy or they go bust!
Good work Ted and you have my full support! Expose the twits!
Rev Walter
Lusaka, Zambia
Keep up the good work Ted. Maybe they will send you a better photo.
By all means LEAVE THE POST UP! Maybe put a new photo if need be – but these big companies need to be exposed for what they are – PREDATORS that use the legal system to BULLY people. I’m so sick and tired of watching these companies who have lots of money try to destroy former distributors with legal fees… they could care less if they win… they just sue and cause the distributor to rack up tens of thousands in legal fees. It’s nothing but being malicious and they need to be exposed so that more and more people leave – and less and less people join. MAKE THEM FAMOUS TED!
Ted, we need a site like yours and appreciate all your research, honesty and postings. Just remove the picture and remove their thorn. It says something about the company if they are behaving this way.Keep up the good work.
Ted do not take post down! We need a site like yours for our fast growing industry. If it’s a great company and is great to it’s distributors they will want to be rated and have it posted on your site. Keep up the great work!!
Hi Ted,
If you were not doing the right thing they would have never made a remark!
Do what you have to do! Don’t let anyone intimidate you! After all one has a right to comment if
something is not going right!
Keep on doing what your doing, this is why your org. exist my friend! Freedom of speech is a very important factor!
Have an awesome 2011 my friend.
Hi Ted,
I am enjoying reading comments, and am sending a link to your site to everyone I know, not just networkers. I am encouraging people to read the information on the site, then pass it on to everyone they know. Thanks for getting the word out about this company whose actions do not reflect their mission statement. You and everyone that posts here are making a difference. I personally thank you all for that.
What kind of CEO in the industry would take pride in exhibiting a “graveyard” of mock-up tombstones, emblazoned with names of dead and/or dying MLM companies? The day may soon come when Frank will have to order a Melaleuca tombstone to add to his convention display.
Thanks Ted,
Just warms my heart to see what you are doing here and exposing the tactics of this company. Mr. Vandersloot loves to applaud when leaders from other well known companies, when they would join forces of Melaleuca and bring large teams with them. Well that was years ago, and that is how this company in Idaho Falls managed to get to it’s current size. I spent 14 years with that company and like several great people whom have left their comments before me, I can see yours smiling faces and hear your laughter that FINALLY SOMEONE IS STANDING UP TO THE BULLYING OF THIS OWNER. This company always feared the internet and great leaders who built their Melaleuca businesses with the internet, OH they love the millions in sales because that is the only thing that matters. Well it will be the internet that will expose the fear tactics, unbelievable policies, bullies and scared sleepless employees and marketing executives all over North America whom are watching this web-site and the comments. I agree Laraine, Nat and Cheryl send this out to everyone you know folks, EXPOSURE. This is just the tip of the iceberg , come on folks I know you want to comment don’t be scared anymore it’s good clear the air, start the New Year off on the right foot. Anyone care to make a comment I could write a book about this subject.
Is there a way we can post a picture of the graveyard that Melaleuca proudly exhibits at their events? How sad is that to mock the failure of other MLMs (oh yes they are not MLM!!!)LOL. I know many people who have pictures of their MLM graveyard and it would be easy to get one if Ted has a way for us to post it. Thank you Ted for exposing this man and this company for behavior that has been going on for years and seems to have been unnoticed by so many. Not anymore…there’s no hiding with the internet. It’s unfortunate that it has taken a tragic loss by Terry to really expose this man who is “sue-happy”. There are a lot of great companies that would value your leadership and loyalty. Imagine being terminated from a company not for joining another company but for not reporting a friend who went to another company! For all of you in Melaleuca who are reading this; be grateful that because of this exposure you might soon have policies and procedure that respect you as independent distributors. If not, you better start finding another home because no one will join you.
David West,
Just a comment from someone who knows , the graveyard has the name front and center of a company who is as old as Melaleuca and still does millions/year in sales, amazing the arrogance this owner has for an industry that has make him billions. I can remember attempting to recruit a multi million dollar earner in this industry to this company. The gal finally said let’s go look at the video you sent me of the owner addressing the crowd , she pointed out that Mr. Vandersloot constantly TENTS his figures , she tells me that is well known as a sign of superiority to the people he is addressing. She went as far as to get two former employees of Melaleuca, which were working for her very successful MLM company on the phone with me. Their comments were none to flattering toward Melaleuca and the boss but they almost need an non-disclosure document before they would talk for fear of this man. Thanks Ted for sticking up to this bully. Sad part is the young legal assistant that sent you the request has probably been sent packing, a blessing actually.
It involves a party that wants to sue you for infringement. If you are legally right, it is okay to take them on. But I’m not sure if it is worth the trouble. Find alternative ways to address the issue. I’m sure by now people know where this company is heading.
Hi Ted,
Don’t usually add a second comment to a blog but this is obviously striking a chord with lots of your members. What is interesting is that it is becoming obvious that this is not the only company using such tactics to keep Distributors in line. In conversations about Melaleuca I have been told about another well known UK company who in a line of similar actions, had recently emailed a termination notice to a Distributor whose wife had registered with another non competitive organisation so that she could buy their herbal products at discount.
It seems as if ego rules and these owners feel themselves invulnerable and so far above the mere minions that create their wealth in the first place they feel able to treat them in any manner they see fit without fear of comeback or exposure.
Seems to me that a major advantage of airing these issues should be help Distributors identify companies who treat their Distributors fairly so they can invest their energies into building their organisations and incomes secure in the knowledge they won’t be ripped out from under them on some flimsy excuse.
Ted, thank you for speaking out and having the courage to tell the truth! And to Nat and Terry and others who have been hurt by Mela and have the courage to speak out!
I have 3 friends who were terminated by Mela:
One’s check got stopped after deposit with no prior warning (he’s never been able to resolve the issue).
Another’s check was stopped, with no prior warning. She got her hand slapped because supposedly she had spoken to someone in her Mela downline about another company (actually a tools company that was non-competitive)- she did get reinstated but lives in fear that it could happen again.
Another was terminated (this person was a top top earner)for some ridiculous reasons (the company basically didn’t like this individual) and the things that have happened even since the termination are appalling!
Mela has great products in my opinion. I would never however build a Mela business as I would not want to live in fear that anything I built could be taken away from me.
BTW, Mela- your company is an MLM even though you say it’s not!
I am a huge advocate of the MLM industry because when done right, it’s truly a way for people to create an additional income stream (or replacement income, if you’re really motivated).
I’m a little confused. Is the picture that is up the copyrighted image or the new image?