jenjenhouse.com was first caught selling knock-off dresses on July 24th, 2012. We received correspondance from an attorney representing jenjenhouse on November 15th, 2012, basically accusing TopPromWebsites of lying and defamation; and threatening legal action if we do not remove this post. Below is a copy of the email we received, and our response to each section in blockquotes.
From: James R. Davis, II email@example.com
This law firm represents Readmob Technologies (HK) Limited, the owner and operator of the Web site http://www.jenjenhouse.com I am writing about numerous false, misleading and defamatory statements posted on your Web site alleging, among other things, that my client “has been caught selling knock-off prom dresses” and “Consumers have submitted that this site is using images illegally under US Copyright Law to deceive customers into buying poorly made knock-offs.”
My Response: TRUE. Top Prom Websites does have a post saying this, but nothing on that page is false or misleading.
At your site you also claim that you have conducted your own investigation and determined that my client is “illegally selling multiple prom dress lines using the manufacturers [sic] pictures. These dresses are imitation and not authentic.” You have not provided any substantiation for these serious allegations regarding counterfeiting and other illegal activity. I invite your to provide the specific details and results of your investigation. You have provided Facebook postings and links to some third party sites, many of which promote and praise my client’s products and services, and none of which allege violations of the U.S. Copyright Act or otherwise substantiate your claims.
My Response: TRUE. See the attached screenshot (.jpg) for “substantiation for these serious allegations.” I marked the images with yellow text to identify who the copyright owner is.
In fact, my client does not sell “knock-off prom dresses” and has never “been caught” doing so. Readmob Technologies (HK) Limited also does not make illegal or unauthorized use of third party photographs. To the contrary my client owns all the proprietary images displayed on the http://www.jenjenhouse.com site.
My Response: FALSE. Your client does (or did) sell knock-off prom dresses (See the attached screenshot, again). And as of November 16th, 2012 at 2:00am GMT, those pictures are still hosted on your clients server(s), so technically, your client is still in violation of the Digital Millenium Copyright Act.
There is absolutely no factual basis or substantiation for the claims you are making. Your actions have been knowing and willful, and have resulted in irreparable damage to my client and its reputation. I am writing to request that you immediately take down from your Web site – and any other site or forum that you operate or control – all defamatory claims regarding my client, and its products, services and conduct.
My Response: FALSE. The evidence is attached to this email. I only attached one screenshot because it takes me too long to look up all the style numbers, but I have more. Everything I have stated on this website is factual with evidence to support our claims. I doubt your client was “irreparably damaged” by my little site, or any of the other dozen major review sites where consumers are saying the same thing. Your client was most likely “irreparably damaged” when they thought they could profit off of doing something illegal, and trying to deceive consumers into thinking they are buying the real thing.
Please comply with the requests in this letter by the close of business on November 16 and respond in writing by confirming you have done so. I hope you share my client’s interest in reaching an amicable and prompt resolution and I look forward to hearing from you.
On a positive note, we have looked over (re-reviewed) jenjenhouse.com again, and would like to thank them for (recently) removing the infringing content. We have removed them from the ‘do not buy list,’ updated the listing/review page, and have added the visual evidence as you suggested in your letter.
Please note that in the past, companies have “hidden” their images simply to pass our inspection, and then put them back up when a new season comes around. If we receive any more proof that JenJenHouse.com is using manufacturer’s images without permission, we will republish this consumer warning to the ‘do not buy list.’
Top Prom Websites
We will update this post with any other information we receive.
TLDR; (summary of this post)
– July 24th, 2012: JenJenHouse.com added to list.
– September 15th, 2012: Most recent screenshot of them participating in illegal activity.
– November 15th, 2012: Notified us through an attorney that they removed all infringing content.
– November 16th, 2012: Re-reviewed site; they removed infringing content. Removed from TPW knock-off list, updated this post/page.
Consumer submissions below: