Complaint Review: Jay Dee Sales LLC - bullsballs.com - Williams Arizona

Kenneth Ham David Ham February 4, 2009 By Certified Mail, Return Receipt Requested U.S. MAIL and FAX Kenneth Ham PO Box 94991 Albuquerque NM 87199-4991 David Ham 10953 Ramsgate Drive Santee, CA 92071-2824 RE: Trademark Infringement and Defamation Dear Sirs: Our law firm represents JayDee Sales, LLC ("JayDee"), a limited liability company organized under the laws of the State of Arizona with a principal place of business in Williams, Arizona. As you are no doubt aware, JayDee is a leading supplier of novelty truck accessories sold under the federally registered trademark Bulls Balls. It has come to our attention that you are engaged in a variety of tortious activities directed at JayDee, apparently in connection with your sale of novelty truck accessories. We have two primary areas of concern. First, it appears that you are using JayDee's registered trademark "Bulls Balls", which has been assigned serial number 78723552 by the United States Patent and Trademark Office, and confusingly similar marks, to advertise your competing products. For example, the website www.allthenutz.com, registered by Mr. David Ham, includes references to "Bull Balls", which is confusingly similar to JayDee's federally registered trademark. Additionally, we believe that Mr. David Ham has registered the email address [email protected], in an apparent effort to direct sales inquiries intended for JayDee to him. Finally, we note that "bull balls" appears in the metatags of www.allthenutz.com, and in the metatags of www.yournutz.com, registered by Mr. David Ham. Use of JayDee's registered trademark in the metatags for your web sites has the effect of directing individuals searching the internet for "bulls balls" to your competing sites. All of these actions constitute federal trademark infringement under 15 U.S.C. 1114(a) and for false designations of origin under 15 U.S.C. 1125(a), which subjects you to liability for damages including recovery of your profits, JayDee's damages, and attorney's fees and costs under 15 U.S.C. 1117(a). Attorney's fees are available "in trademark infringement cases where the acts of infringement can be characterized as malicious, fraudulent, deliberate, or willful." Rio Props., Inc. v. Rio Intern. Interlink, 284 F.3d 1007, 1023 (9th Cir. 2002) (upholding award of attorney's fees under 1117(a) based on allegation that defendant acted "knowingly, maliciously, and oppressively, and with an intent to ... injure"); see also Earthquake Sound Corp. v. Bumper Indus., 352 F.3d 1210, 1219 (9th Cir. 2003) (holding "issue is not necessarily one of bad faith: willful or deliberate infringement will suffice"). An award of attorney's fees is also appropriate when an infringer has been given written notice of infringement and nevertheless continues to disregard a party's trademark rights. You may additionally be subject to liability under a variety of state trademark and unfair competition theories as well. Second, it appears that both of you have routinely posted false and libelous material regarding John Saller, a principal of Jay Dee, on various third party websites. For example, someone representing himself only as a "consumer" from Albuquerque has posted a screed on www.ripoffreport.com alleging that John Saller is engaged in "price fxing [sic]","mail fraud" and "false advertising". In a string of posts following the original post, "consumer" variously refers to Mr. Saller as "arrogant", "dishonest", a "co-conspirator", a "coward", and someone who engages in "fraud and deception". Moreover, it appears that this is a consistent and widespread pattern, as identical rants can be found on various other third party websites, including by way of example only, www.complaints.com, www.complaintsboard.com, www.uradeatbeat.com, and www.xomreviews.com. It appears that all of the offending statements are posted by either or both of you in the guise of various disinterested "consumers" or "anonymous" posters1. The statements you have posted to various third party sites regarding Mr. Saller are false, and appear to be intended to both damage his reputation and his commercial relationships with consumers and/or third party resellers of his products. Accordingly, these statements are defamatory and subject you to civil liability. See State v. Stummer, No. CR-07-0429-PR at paragraph 16, (Arizona 2008) available at http://supreme.state.az.us/opin/pdf2008/CR070429PR.pdf. Additionally, the statements intended to damage JayDee's business relationships are actionable under the tort theory of injurious falsehood in Arizona. See Fillmore v. Maricopa Water, 120 P.3d 697 (Ariz. App. 2005). There are other legal causes of action available to Mr. Saller as well, such as intentional infliction of emotional distress. Additionally, by masquerading as anonymous third party "consumers" on various third party boards, you are violating the terms of use under which you are permitted to post to those third party boards. Your behavior may subject you to liability to these third parties, and may constitute a civil and criminal violation of the federal Computer Fraud and Abuse Act 18 U.S.C. 1030 et seq. This letter provides you with formal written notice demanding that you immediately cease and desist making false and injurious statements regarding Mr. Saller, JayDee and JayDee's products and business on the internet or elsewhere. Moreover, you are advised to immediately cease and desist infringing use of the "Bulls Balls" trademark, any other JayDee trademark, and any confusingly similar trademark, in connection with your goods and/or services, including removing "Bull Balls" and "Bulls Balls" from your websites and metatags thereto. JayDee hopes that the parties can resolve their differences without resorting to litigation. Nevertheless, JayDee is fully prepared to protect its rights. Since your wrongful and libelous behavior appears to be escalating on an almost daily basis, you are advised to take the following actions no later than Monday, February 9, 2009, to avoid a lawsuit being filed against you and your company: (1) delete all references to Bull Balls or any similar reference from your websites; (2) cancel your registration and use of [email protected], Theofficialbullballswebsite.com, Thebullballs.com, and Thebullzballs.com; and (3) cease any further posting of derogatory and defamatory statements on the internet. If you have any questions regarding this matter, please contact me no later than February 9, 2009. Sincerely, Deanna Conn, Quarles and Brady, LLP Attorneys of Law DC:kt This is the latest posting from myself, John D. Saller, owner of BullsBalls.com . Stay tuned for further updates regarding the pending legal action...

This Saller is a hoot, he thinks his fake people posting isn't transparent. STAY AWAY FROM BULLS BALLS, For those following this thread, please note this link from alexa (((ROR redacted))) 1-6-07 'If you are planning to sell any of our products on-line, via your own website or any of the many auction websites, you must match our retail prices as posted on our website(s). If your prices are lower then ours, WE WILL NOT FILL ANY OF YOUR FUTURE ORDERS.' You will notice quite specifically that saller is refusing to sell if you don't match his price. to me this is per se anti competitive price fixing. He currently now states on his site that : 2-10-09 'In closing, however you as a dealer, may set your prices for any / all of our products that you feel pertinent for your business, whether on-line, retail stores or at special events, as in the past' He is saying that his policy is no different than in the past, I have email from his dealer that this is still the case. Well the link to alexa wayback shows what his 'policy is' now he calls people liars when confronted with the truth of his fraud here, his defamation here and on his site, and his illegal price fixing. To me, the FACT that he is claiming that 'in the past' his policy was not to fix prices is a LIE and FRAUD. If there is a different way to look at this then I sure don't see it. CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

You brothers, ken and david ham are really something, get a life, anybody can see by reading your posts you guys are lying.

IF you have bought at bullsballs site from saller, you were ripped off, He engages in price fixing and other fraudulent behavior along with his webmaster. Just one of his blatant lies and fraud that is supported by John Beaman his webmaster. For those following this thread, please note this link from alexa http://web.archive.org/web/20070211121656/www.bullsballs.com/dealer/signup/info.html 1-6-07 'If you are planning to sell any of our products on-line, via your own website or any of the many auction websites, you must match our retail prices as posted on our website(s). If your prices are lower then ours, WE WILL NOT FILL ANY OF YOUR FUTURE ORDERS.' You will notice quite specifically that saller is refusing to sell if you don't match his price. to me this is per se anti competitive price fixing. He currently now states on his site that : 2-10-09 'In closing, however you as a dealer, may set your prices for any / all of our products that you feel pertinent for your business, whether on-line, retail stores or at special events, as in the past' He is saying that his policy is no different than in the past, I have email from his dealer that this is still the case. Well the link to alexa wayback shows what his 'policy is' now he calls people liars when confronted with the truth of his fraud here, his defamation here and on his site, and his illegal price fixing. To me, the FACT that he is claiming that 'in the past' his policy was not to fix prices is a LIE and FRAUD. If there is a different way to look at this then I sure don't see it.

All of the above posts from the Unscrupulous Ham Gang are malicious lies, they should have received letters from my attorneys by now, it is out of my hands and there will be no more posts from myself. I sincerely apologize to all the viewers for all of this garbage created here and earlier at Amazon.com. John D. Saller

I believe the above is a fraudulent posting by the admitted felon, John D. Saller, owner of bullsballs.com under the assumed name of Texas Consumer. I believe he does this to harm me personally and to harm my business. If I am right he posts these things illegally. However, if there is a real entity named Texas Consumer I am now stating that your accusations of bait and switch, among others, are fraudulent. Attention Texas Consumer you are now notified that you are in violation of the terms of use of this site. You will need to retract your statements unless you post exact details supporting your claims. Since I am the sole owner of my business, and I am the only one to answer the phone, your claim that you were treated rudely is not true. In addition, I've not received a call for bulls balls items in recent memory. You claim you had someone else call me about the same items. Certainly, I would remember that. Your phone records will either support your claim or show that you are posting illegally. Please post your retraction or supporting facts. If there is no retraction or supporting facts posted I will need to seek all remedies available to me.

I know all about this guy, nothing good to say about him and his brother Kenneth ham. Hi All, I have been buying 'bulls balls' type truck balls for years, I get a new truck every year. I am a retired big rig trucker who spends most of my time online, much to my wife's dismay, trying to find interesting things. The other day I 'googled' bulls balls and found this website, selling the same sets that I have bought in the past from the manufacturer's site. The prices were slashed in price from what I usually paid at bullsballs.com. I then went to bullsballs.com and checked their prices, they were still the same as they have been for years. I then clicked on a link called Compare Imitators, I've been there a couple of times before, it is page the boys over there put together a few years back comparing the other companies, products, prices and services. Other information under 'updates' tells a pretty sorid story about the Ham Brothers and their lack of business ethics. According to Information at bullsballs.com, this allthenutz, isn't even a dealer for them, they indicate that they are an Unauthorized Dealer and I knew these were the real bulls balls, so I wondered how they had these balls for sale if they aren't a dealer. So i went back to the manufacturer's site and looked around some more and discovered that these guys must be buying their balls from some other Authorized Dealer in small quantities and placing pictures and info on their site so that they could get ill gotten traffic, when people searched for truck balls. By doing this, they seem to be using the trademark bulls balls illegally. Well, I decided to call allthenutz, get the lowdown and see why their prices are so cheap. After talking to them, and asking if these were the real bulls balls, they said yes. Well, I buy all my stuff online and am always trying save a few bucks, I asked if the chrome and blue bulls balls were in stock, the answer was no, I asked how come it says they were both in stock, I don't know, I'll check. Somebody else came to the phone and said the webmaster hadn't updated the page yet and he tried to switch me to one of their smaller nuts. It was then I really started to get the run around, this person kept trying to get me to buy something else and started to get kind of nasty when I kept saying no, I only want the bulls balls. So I asked about other colors, they were out stock too. I knew then, I was being had and told him so, he hung up! Well, combined with what I just read about this company, I decided to call my old trucking buddy and asked him to call and order some, the very same same thing happened to him. In conclusion, taking into consideration all the bull I read earlier at bullsballs.com and what we experienced over the phone, we agreed, this was the old 'bait and switch' routine. So anyway, I went to Bullsballs.com and ordered my balls. After thinking about it for couple of days, my buddy and I decided let people know about this bait and switch operation at allthenutz.com. Company information: Helix Specialties-yournutz.com-allthenutz.com Kenneth & David ham 10953 Ramsgate Drive Santee, California United States Phone: 888-843-6889 allthenutz.com

Hello, Believe me, I have a lot of names I call these guys and all are appropriate. However, since I do not have sociopath qualities, as I believe they do, I pretty much keep them to myself and go about my business in true business like manner, unlike these two individuals. I read an article in the latest Readers Digest last night that really brought it home as to what these brothers are like and what the are doing. The activities they are doing is happening all over the web to other innocent victims, like myself. The name they call these type of low life's is "Keyboard Cowards". I had not heard that 'phrase before', I am aware of another phrase the makes me think of these type of people, that one is Internet Extortionists. Also in the article it printed a remark by a reader that went like this: These "keyboard cowards" have no respect for themselves or anyone else. As an educator, I have always taught my students to always reply to a hurtful or disrespecting remark, in a positive manner. So, with that thought in mind, Brothers Hamm, I wish you a nice day ! Sincerely, John D. Saller, Owner * www.BullsBalls.com The First Bulls Balls / Truck Balls Site on the Internet !

Hello, Believe me, I have a lot of names I call these guys and all are appropriate. However, since I do not have sociopath qualities, as I believe they do, I pretty much keep them to myself and go about my business in true business like manner, unlike these two individuals. I read an article in the latest Readers Digest last night that really brought it home as to what these brothers are like and what the are doing. The activities they are doing is happening all over the web to other innocent victims, like myself. The name they call these type of low life's is "Keyboard Cowards". I had not heard that 'phrase before', I am aware of another phrase the makes me think of these type of people, that one is Internet Extortionists. Also in the article it printed a remark by a reader that went like this: These "keyboard cowards" have no respect for themselves or anyone else. As an educator, I have always taught my students to always reply to a hurtful or disrespecting remark, in a positive manner. So, with that thought in mind, Brothers Hamm, I wish you a nice day ! Sincerely, John D. Saller, Owner * www.BullsBalls.com The First Bulls Balls / Truck Balls Site on the Internet !

Hello, Believe me, I have a lot of names I call these guys and all are appropriate. However, since I do not have sociopath qualities, as I believe they do, I pretty much keep them to myself and go about my business in true business like manner, unlike these two individuals. I read an article in the latest Readers Digest last night that really brought it home as to what these brothers are like and what the are doing. The activities they are doing is happening all over the web to other innocent victims, like myself. The name they call these type of low life's is "Keyboard Cowards". I had not heard that 'phrase before', I am aware of another phrase the makes me think of these type of people, that one is Internet Extortionists. Also in the article it printed a remark by a reader that went like this: These "keyboard cowards" have no respect for themselves or anyone else. As an educator, I have always taught my students to always reply to a hurtful or disrespecting remark, in a positive manner. So, with that thought in mind, Brothers Hamm, I wish you a nice day ! Sincerely, John D. Saller, Owner * www.BullsBalls.com The First Bulls Balls / Truck Balls Site on the Internet !

Hello, Believe me, I have a lot of names I call these guys and all are appropriate. However, since I do not have sociopath qualities, as I believe they do, I pretty much keep them to myself and go about my business in true business like manner, unlike these two individuals. I read an article in the latest Readers Digest last night that really brought it home as to what these brothers are like and what the are doing. The activities they are doing is happening all over the web to other innocent victims, like myself. The name they call these type of low life's is "Keyboard Cowards". I had not heard that 'phrase before', I am aware of another phrase the makes me think of these type of people, that one is Internet Extortionists. Also in the article it printed a remark by a reader that went like this: These "keyboard cowards" have no respect for themselves or anyone else. As an educator, I have always taught my students to always reply to a hurtful or disrespecting remark, in a positive manner. So, with that thought in mind, Brothers Hamm, I wish you a nice day ! Sincerely, John D. Saller, Owner * www.BullsBalls.com The First Bulls Balls / Truck Balls Site on the Internet !

Bulls Balls update: Attorney general requests all documentation. So this is moving forward. It may be soon that this eyesore of a company will be deep 6'd. The amount of time it has taken is phenomenal. But success is a brief spot away. The SALLER clan should have ceased when notified over a year ago. Like Clint says "once in everyones life you come across someone you just should't have fu**ed with..............and that person is me" I want to thank the attorney that have helped pro bono. They took a look at this and got real motivated.. Thanks!!!! UPDATES will follow

Well you guys get caught in LIES continually. You are running and ongoing criminal enterprise and perpetuating it here. Your "dealer requirements" page states that the "dealership can be completed on-line by the dealer. To me that is very clear. Once a dealer number is obtained the order can be place on line with a credit card. Please explain this. When ALL your published requirements are met, a contract is created. You have no proof of ANY misdeeds in respect to the contract. You illegally refused service by arbitrary discrimination. You have breached a contract used in commerce. Your "for cause" reasons will pathetically fail in court. Just review the correspondences you have received, then privately send your complaints that rise to a level of unethical, unprofessional, unscrupulous that occurred after the contract was made. Your failure to do so will be considered proof of illegal discrimination. Please rise above your 2nd grade name calling and tantrums and respond professionally within generally accepted business practices. You posting so far only confirm each and every allegation made against you. I believe that the courts will side with my belief that Bullsballs.com, John D. Saller, John R. Beaman, Jaydee sales llc., WWWebfacory.com and all related sites will be found guilty of all allegations contained here and others that only the FEDS will prosecute. Well guys? Your time is running short. BTW I'm still waiting for the FREE set I qualified for and you led me to believe was being shipped.

The two Johnny boys continue to perpetrate their fraudulent ways.. Please answer when you will honor your website privacy policy. You both were notified of the expense of $1000 per day for your violation of privacy and continue to ignore your own site policy. The information you knowingly posted here is in direct violation of your own privacy policy. You both deceived and defrauded me by gaining my personal info through fraud and then publicly posting it here and on other web sites. Just comply with the civil and criminal statutes and I go away. You are now aware of FEDERAL anti-trust and the penalties. You continue your egregious and fraudulent deceptions. Stick to the facts, you advertised a free offer, obtained my personal information under the ruse that it was needed to send out the free item. After getting my personal information, you then refused to send the "free" product out. I relied on your advertised privacy policy to give up my information and e-mail. You then violated the posted privacy notice by publishing my personal information.. INCLUDING a HOME address. That is criminal in my mind. So, if you lie on your published privacy policy, how can ANYONE believe anything you say. Why you guys want to spend your time in the future traveling to court hearings seems crazy to me. But until you are stopped is is now apparent you will be stealing from consumers every chance you get. Regarding tax. Please explain why no sales tax is due when a California buyer purchases a set and it is shipped from California to a California address to the end user from your "Retail ordering page" Thanks, since you guys hold yourselves out to be EX Spurts. BTW, I understand that there is NO libel/slander when the FACTS are true and there is a legitimate reason for the statements. Please detail what you believe to be untrue and present FACTS in support of your claim. I have proof of every statement I've made. Now, Johnny boys, try and reply specifically to the issues above, if you fail to respond with verifiable facts, that means all of the postings about you are TRUE. I already know that you are both frauds and criminals, but I'm willing to look at your proof and retract anything that I feel is posted incorrectly, HMMMM You know, just like on your comparison page statement about incorrect information. I await you HONEST reply STAY TUNED.

More ranting and raving by 'consumer'. AKA Kenneth Ham. 1. FACT: 'consumer' doesn't seem to know anything about business, as resellers don't pay sales tax to the supplier. They present a resale number and do the sales tax collection in their own state. You really need to grow up Ken. 2. FACT: 'consumer' never placed an order, so all his rantings are a lie. 3. FACT: 'consumer' never placed an order and was never approved to become a dealer. All his rantings are nothing but attempts to help his brother (he thinks) with his illegal defamation of character. David should tell him to cease and desist as he will end up in court for his illegal activities here. Posting rules here state "Any other nonsense will be ignored". and his rantings are just that.

1. He was never 'approved as a dealer'. He was only informed by automatic email that his application was recieved. 2. He bypassed the approval system and placed an order anyway. 3. His money order package was received by the post office in the morning. 4. John Saller told him he had not received it yet, when he inquired, by email. (He had not gone to the post office yet.) He said it would be refused, if and when he got it. 5. The mail pak with the money order was refused that afternoon, just as John Saller said he would. 6. There is no "illegal discrimination" as David claims. All companies have the right to refuse service for what ever reason they want. It is also stated on the on-line form above the submit button on the Dealer Signup page. 7. To claim fraud under these circumstances is no less than intentional defamation of character. After you see all the individual and anonymous persons posting here are being done by Kenneth and David, you will also see that they are a good indication to why their dealership status was never approved, and never will be.

Dear Mr Saller, owner billsballs.com, The facts are that all posted about you is verifiably true. First. You are a convicted felon by your admission and AZ court record TRUE Second. You have maliciously violated your own published PRIVACY Policy by posting the information here that was gathered through your website. TRUE Just a couple of pertinent questions for you. First. How can anyone believe what you say when you lie by violating your own privacy policy? Second. How does your price fixing help competition by lowering prices to the consumer? Third. You state that you have verified security.. well this didn't prevent you from violating your privacy policy by posting personal information. I want $10,000 for this invasion!! It is quite clear that you are a pathological liar. And when confronted with the truth you try and attack the innocent victims. You may be a true sociopath! Your co-conspirator web master has published on the web that he is responsible for the web correctness of your site. Leading unsuspecting consumers to believe your site is abiding with the law. Another fraudulent deception. YOUR LIE #1. I have NO younger brother. You create more lies to confuse. This post is to WARN consumers of your unethical, unscrupulous, fraudulent practices.. that's it. Nothing personal jonny. TO BE CONTINUED

Just a note to readers, I qualified for a free set of nuts, he requested my personal information and then posted it publicly in violation of his own "privacy policy" on his website www.bullsballs.com. Now he has started over 30 sites with the same deciet. I wish an atorney general will get this guy and set him on the legal path. His price fixing continues. John Beaman is his "partner" in this frud, he posts all over the net, luring unsuspecting consumers to Saller web sites.

You are right about this guy, I had an account with him for a total of 2 days before he cancelled it because I wouldn't agree to fix prices. I think that the AZ AG might have interest, and want others with the same experience to post here too. Another thing that I find curious is that on his site, he NEVER charges sales tax. He is based in Williams AZ, but shipping is done from CA. does any one know who to report this tax evasion to? thanks These people need to be stopped from stealing from consumers and forced to pay tax like the rest of us..