Performance HBO and all Performance agents lose $12M suit to Oxyhealth

[Guest guest]

Performance HBO and all Performance agents lose $12M suit to Oxyhealth

See http://www.hbotruth.com

--

http://www.hbotruth.com

The complete, honest truth about hyperbaric oxygen for brain injury.

[Guest guest]

 

I'm sad on one account today that ever happened. On the other hand it is a very

hapy day. For month's and I have tried to share the light on this

and now it has come to pass. My Baby girl Katy that passed 1-26-04 can rest..

She can rest knowing that people like this will not get away with decieiving

inocent people. I allmost feel a celabration is in order. Now I pray they go

after those that are involed behind the scenes. The ones that did these

alterations etc. Look out Tom and many more.  On one side I'm happy all of you

that called me a trouble maker a liar etc. Now today you can see for yourself it

was going on and all of this was true.

 

TO DIANE: Remember the day I told you get out now before it's to late redeme

yourself. Well today do you wish you had..

 

Most of all Perfomance Guy. THANK YOU FOR STANDING UP AND ADMITTING YOU

MISJUDGED OXYHEALTH... THEY ARE GOOD PEOPLE...

 

From: Hbo Truth <hbotruth@...>

Subject: [ ] Performance HBO and all Performance agents lose $12M

suit to Oxyhealth

djolly@..., lisa@..., abreiner@...,

texas@..., vhhmahopac@..., gaudenziogarozzo@...,

goldench@..., mums@..., paulharchmd@..., clhmaxwell@...,

denise@..., oxyinfo@...,

lea.kueppers@..., pierremaroismd@..., " S.

Maxfield, MD " <wsm@...>, mcdaniel@...,

.Moffit@..., brm@..., " Dr.Mukherjee " <arun@...>,

jorient@..., danpavel@..., potkinr@...,

info@..., csanchez@..., info@...,

samhas@..., ninasubbotina@..., jtoole@...,

kvanmeter@..., wasnch@..., neuroch@...,

darrylwerner@..., jwhitaker@..., valerie@...,

NeuroHBOT , medicaid ,

HBOTech , hbot ,

HDOTherapyforAutism , HBOTforStroke ,

hot4cp , HBOTnow , HBOT_MyChoice ,

BonesR4us@..., brianjamieb@..., charprkr2@...,

chelatingkids2 , cpheart16@..., dfreels@...,

drdavedives@..., fullmer2010@..., " SUSAN RODRIGUEZ "

<hyperbaric1@...>, hyperbaric@..., jsnod@...,

juliebircham@..., Lily174@..., soridge@..., thewrights@...,

treverfox@..., zoloftbaby@...

Date: Friday, June 11, 2010, 7:17 PM

 

Performance HBO and all Performance agents lose $12M suit to Oxyhealth

See http://www.hbotruth.com

--

http://www.hbotruth.com

The complete, honest truth about hyperbaric oxygen for brain injury.

[Guest guest]

So, what was the trademark that was infringed?

Trade Mark has nothing to do with FDA Approval, use of the chambers, etc

(although home modifications remain an issue/question). It suggests that

somehow, OxyHealth was able to convince the courts that these other

companies used OxyHealth's image and/or logo to improve their own image.

(perhaps they used some of Smair's videos? )

I had no problem with Spencer's chamber...I didn't like Spencer,

though. And, I never liked the idea that Diane's chambers because they

claimed they could be used for diabetic foot wounds and Radiation

Necrosis, etc. which require @2300% higher dosage then her chambers

could provide (2.4 ATA 100% O2 vs 1.3 ATA HBAT). But, this has nothing

to do with that.

On 6/11/2010 5:17 PM, Hbo Truth wrote:

>

> Performance HBO and all Performance agents lose $12M suit to Oxyhealth

>

> See http://www.hbotruth.com

>

> --

> http://www.hbotruth.com

> The complete, honest truth about hyperbaric oxygen for brain injury.

>

>

[Guest guest]

Actually, the court did not find that Performance was guilty of

anything. Performance chose not to defend themselves against the

lawsuit filed by Oxyhealth, so the court entered a default judgment

against them. It costs about $300,000 to defend yourself in federal

court against a lawsuit, no matter whether or not that lawsuit has any

merit. If you do not have $300,000 to defend yourself, you can either

reach a settlement with the other party, or you can fail to defend

yourself, and the court enters a default judgment against you. Some of

the companies that Oxyhealth sued for purchasing their keywords on

google settled with them. Others did not. Performance Hyperbarics was

one of them.

The courts have not yet decided if purchasing another company's

keywords as google search terms constitutes trademark infringement.

Here is a story on the topic.

Diane

Ads Click Off Retail Center

Passages sues rivals over links in Google searchesr

By Alfred Lee <http://labusinessjournal.com/staff/alfred-lee/>

Monday, May 31, 2010

When people use Google to search for Malibu's famed Passages rehab

center, they find ads that sometimes lead to competitors' websites.

When the owners of Passages found out, they started a legal fight. And

they're using a new tactic.

In the past, companies with comparable complaints sued Google but lost.

More recently, companies have sued the competitors, but courts generally

haven't held them liable for trademark infringement. Now, the rehab

center, known for its celebrity clientele and luxury beachside

facilities, is instead citing unfair competition.

Passages' attorney Harder said competitors have used

Google's AdWords program, which allows advertisers to buy ads linked

to certain search words, to " create confusion in the

marketplace. "

For example, a search for " Passages Malibu " turns up a link with

a Web address that leads to competitor Renaissance Malibu.

" We have witnesses who say phone calls were coming into our

competitors where the callers were thinking they were calling Passages

Malibu, " Harder said. " And they weren't telling the customer

they were calling the competitor instead of us. "

The problem arose because of Passages' prominent position in the

marketplace. Competitors started paying Google to advertise links to

their own websites when people do a search for " Passages " or

variations.

Passages is " very well known, it's very successful, and

competitors want to trade off of that good will, success and

notoriety, " Harder said.

But companies like Renaissance contend they have a right to advertise

their product and to let customers compare side by side. They also

charge that Passages does the same thing.

The financial stakes of losing just one customer are high in the world

of luxury rehab. Passages can charge nearly $70,000 a month per patient.

Passages now finds itself in a legal battle with Renaissance and

Georgia-based Accelerated Recovery Centers. Five other companies

it's sued since summer 2009 – Palm Partners, Central Recovery

Treatment, G & G Holistic Addiction Treatment, Baldwin Research Institute

and Gravee.com – either settled or had the suits dismissed when they

stopped using AdWords.

In response to Passages' suits, Renaissance Malibu and Accelerated

Recovery claim that Passages doesn't own a valid trademark.

Even if it did, it can't stop companies from advertising their

services, said Doroshow, an attorney representing Renaissance and

Accelerated.

" You can do comparative advertising, " Doroshow said. " Burger

King says, `We have more meat in our hamburgers than Mc's

does.' They can use the name Mc's in that case. What

we're doing in using these marks is in part comparing our services

to those of others, telling people why we're a better choice. "

In addition to general attacks on Passages, the countercomplaint by

Renaissance and Accelerated alleges that Passages also pays for

sponsored ads that appear when customers search for competitors.

Renaissance and Accelerated don't appear ready to settle, according

to one attorney who is not involved in the case, but reviewed it for the

Business Journal.

" It looks like they're digging in their heels, " said

Heimbold, an intellectual property attorney at Century City-based

Steptoe & LLP. " This one will be a fun one to watch. "

New legal tactic

There haven't been many rulings on competitor-against-competitor

cases over search engine advertising, because most lawsuits have

targeted Google itself.

" The precedents are fewer, " Heimbold said. " There are not

nearly as many as the Google cases. "

But there are a few rulings that indicate that simply setting up an

advertisement to appear when a competitor's name is searched

doesn't equal trademark infringement, as long as the trademark

isn't used in the actual ad copy, Heimbold said.

But it may constitute unfair competition, especially if it causes

confusion among customers, he added.

In that light, Passages has amended its complaint against Accelerated to

drop its trademark infringement charge and instead is trying to stop its

competitors on grounds of unfair competition.

In either case, it's essential to Passages that they show likelihood

of confusion by these advertisements, said Rothman, a professor

at Loyola Law School.

" I don't think the answer is 100 percent clear, " Rothman

said. " They need to show something more than just the use of the

name. They'd need to show that it was confusing to the

customer. "

Until now, companies unhappy about competitors piggybacking on Google

search queries have sued the Mountain View tech giant. But Google

hasn't lost a major AdWords case in the five years it's been

fighting them. Most recently, Google in April won a dismissal of a

trademark infringement lawsuit filed by language software company

Rosetta Stone in federal court.

Doroshow, the attorney for Renaissance and Accelerated, said Passages is

using the lawsuits in an effort to put competitors out of business.

" They're suing a lot of people, " said Doroshow. " But we

don't think they have the right to prohibit what we're

doing. "

http://labusinessjournal.com/news/2010/may/31/ads-click-rehab-center/

<http://labusinessjournal.com/news/2010/may/31/ads-click-rehab-center/>

>

> Performance HBO and all Performance agents lose $12M suit to Oxyhealth

>

> See http://www.hbotruth.com

>

> --

> http://www.hbotruth.com

> The complete, honest truth about hyperbaric oxygen for brain injury.

[Guest guest]

The same company that manufactured Spencer's chambers continues to

manufacture them. You had asked me a while back in which countries it

was legal to sell the upgraded chambers. This is a list of the

countries in which it is legal to sell the upgraded chambers with

supplemental oxygen.

1. Austria

2. Belgium

3. Bulgaria

4. Czech Republic

5. Cyprus

6. Denmark

7. Estonia

8. Finland

9. France

10. Germany

11. Greece

12. Hungary

13. Iceland

14. Ireland

15. Italy

16. Latvia

17. Lithuania

18. Liechtenstein

19. Luxembourg

20. Malta

21. Norway

22. The Netherlands

23. Poland

24. Portugal

25. Romania

26. Slovakia

27. Slovenia

28. Spain

29. Sweden

30. United Kingdom

Diane

> I'm sad on one account today that ever happened. On the other hand it

is a very hapy day. For month's and I have tried to share

the light on this and now it has come to pass. My Baby girl Katy that

passed 1-26-04 can rest.. She can rest knowing that people like this

will not get away with decieiving inocent people. I allmost feel a

celabration is in order. Now I pray they go after those that are involed

behind the scenes. The ones that did these alterations etc. Look out Tom

and many more. On one side I'm happy all of you that called me a

trouble maker a liar etc. Now today you can see for yourself it was

going on and all of this was true.

> Â

> TO DIANE: Remember the day I told you get out now before it's to late

redeme yourself. Well today do you wish you had..

> Â

> Most of all Perfomance Guy. THANK YOU FOR STANDING UP AND ADMITTING

YOU MISJUDGED OXYHEALTH... THEY ARE GOOD PEOPLE...

[Guest guest]

Can someone explain to me what exactly is going on? I have a Performance

Hyperbarics chamber at my home – never used. Can someone break this down for

me as I have not been following the problems with the company. Are these

chambers safe? Why is the PH website gone?

Thank you.

Canada

From: medicaid

[mailto:medicaid ] On Behalf Of hbotforhealth

Sent: June-13-10 10:17 AM

medicaid

Subject: [ ] Re: Performance HBO and all Performance agents

lose $12M suit to Oxyhealth

The same company that manufactured Spencer's chambers continues to

manufacture them. You had asked me a while back in which countries it

was legal to sell the upgraded chambers. This is a list of the

countries in which it is legal to sell the upgraded chambers with

supplemental oxygen.

1. Austria

2. Belgium

3. Bulgaria

4. Czech Republic

5. Cyprus

6. Denmark

7. Estonia

8. Finland

9. France

10. Germany

11. Greece

12. Hungary

13. Iceland

14. Ireland

15. Italy

16. Latvia

17. Lithuania

18. Liechtenstein

19. Luxembourg

20. Malta

21. Norway

22. The Netherlands

23. Poland

24. Portugal

25. Romania

26. Slovakia

27. Slovenia

28. Spain

29. Sweden

30. United Kingdom

Diane

> I'm sad on one account today that ever happened. On the other hand it

is a very hapy day. For month's and I have tried to share

the light on this and now it has come to pass. My Baby girl Katy that

passed 1-26-04 can rest.. She can rest knowing that people like this

will not get away with decieiving inocent people. I allmost feel a

celabration is in order. Now I pray they go after those that are involed

behind the scenes. The ones that did these alterations etc. Look out Tom

and many more. On one side I'm happy all of you that called me a

trouble maker a liar etc. Now today you can see for yourself it was

going on and all of this was true.

> Â

> TO DIANE: Remember the day I told you get out now before it's to late

redeme yourself. Well today do you wish you had..

> Â

> Most of all Perfomance Guy. THANK YOU FOR STANDING UP AND ADMITTING

YOU MISJUDGED OXYHEALTH... THEY ARE GOOD PEOPLE...

[Guest guest]

Do you have proof for this. I would like to verify.

A letter of approval or some website. Maybe a customs documents of sorts. Any

proof other than the words out of your mouth. Forgive me, but thus far, your

credibility is a bit less than desired so I would like proof.

>

>

> > I'm sad on one account today that ever happened. On the other hand it

> is a very hapy day. For month's and I have tried to share

> the light on this and now it has come to pass. My Baby girl Katy that

> passed 1-26-04 can rest.. She can rest knowing that people like this

> will not get away with decieiving inocent people. I allmost feel a

> celabration is in order. Now I pray they go after those that are involed

> behind the scenes. The ones that did these alterations etc. Look out Tom

> and many more. On one side I'm happy all of you that called me a

> trouble maker a liar etc. Now today you can see for yourself it was

> going on and all of this was true.

> > Â

> > TO DIANE: Remember the day I told you get out now before it's to late

> redeme yourself. Well today do you wish you had..

> > Â

> > Most of all Perfomance Guy. THANK YOU FOR STANDING UP AND ADMITTING

> YOU MISJUDGED OXYHEALTH... THEY ARE GOOD PEOPLE...

>

>

>

>

>

[Guest guest]

If you have never used it, it must mean that you just recently purchased it. 

Hopefully you bought it with a credit card so that you can dispute the charges

and get your money back. 

Performance Hyperbarics has been dissolved and they have gone out of business. 

The web site is down and the corporation is gone.

The company actually dissolved last year and I posted that to this website, but

people (Bill Duncan/Ed Nemeth) ignored it and defended Performance

Hyperbarics.  Their chambers were in violation of FDA and the fabricator was

actually issued a warning letter.  Whether the dissolution is a result of the

judgment they got or whether it is a result of FDA action, is unclear.  All we

know is that they are out of business.

If you can get your money back, get it back.  If you wired money to some

terrorist nation and I hate to say, you may hav elost your investment.

Be also weiry of Healing Dives and the Summit-to-Sea chambers as they are in a

similar pickle as Performance Hyperbarics.

.

________________________________

From: and Freeman <freemanbk@...>

medicaid

Sent: Sun, June 13, 2010 7:20:44 AM

Subject: RE: [ ] Re: Performance HBO and all Performance agents

lose $12M suit to Oxyhealth

 

Can someone explain to me what exactly is going on? I have a Performance

Hyperbarics chamber at my home – never used. Can someone break this down for

me as I have not been following the problems with the company. Are these

chambers safe? Why is the PH website gone?

Thank you.

Canada

From: medicaid

[mailto:medicaid ] On Behalf Of hbotforhealth

Sent: June-13-10 10:17 AM

medicaid

Subject: [ ] Re: Performance HBO and all Performance agents

lose $12M suit to Oxyhealth

The same company that manufactured Spencer's chambers continues to

manufacture them. You had asked me a while back in which countries it

was legal to sell the upgraded chambers. This is a list of the

countries in which it is legal to sell the upgraded chambers with

supplemental oxygen.

1. Austria

2. Belgium

3. Bulgaria

4. Czech Republic

5. Cyprus

6. Denmark

7. Estonia

8. Finland

9. France

10. Germany

11. Greece

12. Hungary

13. Iceland

14. Ireland

15. Italy

16. Latvia

17. Lithuania

18. Liechtenstein

19. Luxembourg

20. Malta

21. Norway

22. The Netherlands

23. Poland

24. Portugal

25. Romania

26. Slovakia

27. Slovenia

28. Spain

29. Sweden

30. United Kingdom

Diane

> I'm sad on one account today that ever happened. On the other hand it

is a very hapy day. For month's and I have tried to share

the light on this and now it has come to pass. My Baby girl Katy that

passed 1-26-04 can rest.. She can rest knowing that people like this

will not get away with decieiving inocent people. I allmost feel a

celabration is in order. Now I pray they go after those that are involed

behind the scenes. The ones that did these alterations etc. Look out Tom

and many more. On one side I'm happy all of you that called me a

trouble maker a liar etc. Now today you can see for yourself it was

going on and all of this was true.

> Â

> TO DIANE: Remember the day I told you get out now before it's to late

redeme yourself. Well today do you wish you had..

> Â

> Most of all Perfomance Guy. THANK YOU FOR STANDING UP AND ADMITTING

YOU MISJUDGED OXYHEALTH... THEY ARE GOOD PEOPLE...

[Guest guest]

if and when she ever sends you prrof can I have a copy for my records

lord knows she would never send it to me. Well maybe I can have a freind of a

freind call her he can get it on tape..LOL but for real if you get a copy I

would like to have one.

Darin 4312 Rains County Rd 1495Emory Texas 75440

From: <jessienjustin@...>

Subject: [ ] Re: Performance HBO and all Performance agents lose

$12M suit to Oxyhealth

medicaid

Date: Sunday, June 13, 2010, 12:22 PM

 

Do you have proof for this. I would like to verify.

A letter of approval or some website. Maybe a customs documents of sorts. Any

proof other than the words out of your mouth. Forgive me, but thus far, your

credibility is a bit less than desired so I would like proof.

>

>

> > I'm sad on one account today that ever happened. On the other hand it

> is a very hapy day. For month's and I have tried to share

> the light on this and now it has come to pass. My Baby girl Katy that

> passed 1-26-04 can rest.. She can rest knowing that people like this

> will not get away with decieiving inocent people. I allmost feel a

> celabration is in order. Now I pray they go after those that are involed

> behind the scenes. The ones that did these alterations etc. Look out Tom

> and many more. On one side I'm happy all of you that called me a

> trouble maker a liar etc. Now today you can see for yourself it was

> going on and all of this was true.

> > Â

> > TO DIANE: Remember the day I told you get out now before it's to late

> redeme yourself. Well today do you wish you had..

> > Â

> > Most of all Perfomance Guy. THANK YOU FOR STANDING UP AND ADMITTING

> YOU MISJUDGED OXYHEALTH... THEY ARE GOOD PEOPLE...

>

>

>

>

>

[Guest guest]

is the no recourse for the people that bought these chambers at all. Can

they fight to get there money bacl just a question?????

From: <jessienjustin@...>

Subject: Re: [ ] Re: Performance HBO and all Performance agents

lose $12M suit to Oxyhealth

medicaid

Date: Sunday, June 13, 2010, 2:45 PM

 

If you have never used it, it must mean that you just recently purchased it. 

Hopefully you bought it with a credit card so that you can dispute the charges

and get your money back. 

Performance Hyperbarics has been dissolved and they have gone out of business. 

The web site is down and the corporation is gone.

The company actually dissolved last year and I posted that to this website, but

people (Bill Duncan/Ed Nemeth) ignored it and defended Performance

Hyperbarics.  Their chambers were in violation of FDA and the fabricator was

actually issued a warning letter.  Whether the dissolution is a result of the

judgment they got or whether it is a result of FDA action, is unclear.  All we

know is that they are out of business.

If you can get your money back, get it back.  If you wired money to some

terrorist nation and I hate to say, you may hav elost your investment.

Be also weiry of Healing Dives and the Summit-to-Sea chambers as they are in a

similar pickle as Performance Hyperbarics.

.

________________________________

From: and Freeman <freemanbk@...>

medicaid

Sent: Sun, June 13, 2010 7:20:44 AM

Subject: RE: [ ] Re: Performance HBO and all Performance agents

lose $12M suit to Oxyhealth

 

Can someone explain to me what exactly is going on? I have a Performance

Hyperbarics chamber at my home – never used. Can someone break this down for

me as I have not been following the problems with the company. Are these

chambers safe? Why is the PH website gone?

Thank you.

Canada

From: medicaid

[mailto:medicaid ] On Behalf Of hbotforhealth

Sent: June-13-10 10:17 AM

medicaid

Subject: [ ] Re: Performance HBO and all Performance agents

lose $12M suit to Oxyhealth

The same company that manufactured Spencer's chambers continues to

manufacture them. You had asked me a while back in which countries it

was legal to sell the upgraded chambers. This is a list of the

countries in which it is legal to sell the upgraded chambers with

supplemental oxygen.

1. Austria

2. Belgium

3. Bulgaria

4. Czech Republic

5. Cyprus

6. Denmark

7. Estonia

8. Finland

9. France

10. Germany

11. Greece

12. Hungary

13. Iceland

14. Ireland

15. Italy

16. Latvia

17. Lithuania

18. Liechtenstein

19. Luxembourg

20. Malta

21. Norway

22. The Netherlands

23. Poland

24. Portugal

25. Romania

26. Slovakia

27. Slovenia

28. Spain

29. Sweden

30. United Kingdom

Diane

> I'm sad on one account today that ever happened. On the other hand it

is a very hapy day. For month's and I have tried to share

the light on this and now it has come to pass. My Baby girl Katy that

passed 1-26-04 can rest.. She can rest knowing that people like this

will not get away with decieiving inocent people. I allmost feel a

celabration is in order. Now I pray they go after those that are involed

behind the scenes. The ones that did these alterations etc. Look out Tom

and many more. On one side I'm happy all of you that called me a

trouble maker a liar etc. Now today you can see for yourself it was

going on and all of this was true.

> Â

> TO DIANE: Remember the day I told you get out now before it's to late

redeme yourself. Well today do you wish you had..

> Â

> Most of all Perfomance Guy. THANK YOU FOR STANDING UP AND ADMITTING

YOU MISJUDGED OXYHEALTH... THEY ARE GOOD PEOPLE...