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FTC v TLD NETWORK LTD Click to find out why . . .



Keywords & Phrases
CaseNo: FVTNL106909, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: IL Illinois, UniqueCaseRef: LCD>FVTNL106909, Commission, Web Sites, Internet, Relief, Thomas Goolnik, Ftc, Temporary Restraining Order, Federal Trade Commission, Consumers, Goolnik, Ftc Act, Complaint, Act, Defendants Sell, Hereby, Northern District, United States, Pursuant, Parties, Permanent Injunction, Equitable Relief, Att, Practices, Immediate, Judgement, Matter, Consumer, Illinois, Tld Network, Edward Harris Goolnik, Internet Users, Admission, Deceptive Practices, Assets, Tld Networks, Financial Statements, Representatives , ContentID: 120249925

Case Documents
1   STIPULATED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 131048
23 pages
PDF
2   TEMPORARY RESTRAINING ORDER
[ see first page and extracted highlights below  ] ItemID: 123554
12 pages
PDF
3   MEMORANDUM
[ see first page and extracted highlights below  ] ItemID: 123553
16 pages
PDF
4   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 123552
7 pages
PDF
Total Documents: 4 documents , 58 pages
Price: $ 34.95


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1 . STIPULATED FINAL JUDGMENT

EXTRACTED KEY WORDS
COMMISSION
THOMAS GOOLNIK
COURT
FEDERAL TRADE COMMISSION
HEREBY
FTC
ACT
COMPLAINT
LAW
NORTHERN DISTRICT
BUSINESS
PARTIES
PERMANENT INJUNCTION
JUDGEMENT
CONSUMER
PURSUANT
PLAINTIFF
ILLINOIS
ADMISSION
TLD NETWORKS
FINANCIAL STATEMENTS
REPRESENTATIVES
UNITED STATES
EMPLOYEES
SELLING DOMAIN
JOINT MOTION
WRONGDOING WHATSOEVER
DEFENDANTS ADMITTING LIABILITY
INDEPENDENT CONTRACTORS
                                                                                                   
                                   UNITED  STATES  DISTRICT  COURT
                           FOR  THE  NORTHERN  DISTRICT  OF ILLINOIS
                                             EASTERN  DIVISION

 FEDERAL  TRADE  COMMISSION,
                                                                    1
                                    Plaintiff,
                                                                 ;
                            V.                                            Case No.  02  CV  1475
                                                            -1~
 TLD  NETWORK  LTD.,  QUANTUM                                             Judge  Holderman
 MANAGEMENT             U.S.,  INC.,  QUANTUM                    i
 MANAGEMENT             (GB)  LTD.,  TBS                         >        Magistrate  Judge  Ashman
 INDUSTRIES  LTD.,  TLD  NETWORKS  LTD.,                         )
 and  THOMAS  GOOLNIK,  individually,  and
 as an officer  of  the above  companies,                        ;

                                    Defendants


                           STIPULATED  FINAL  JUDGMENT  AND  ORDER
                FOR  PERMANENT  INJUNCTION                       AND  CONSUMER  REDRESS

         Plaintiff  Federal  Trade  Commission  ("Commission"  or  "FTC")  having  filed  its

for  a permanent  injunction  and  other  rehef  in  this  matter,  pursuant  to Section  13(b)  of

Trade  Commission  Act  ("FTC  Act"),  15  U.S.C.  $  53(b),  respectively,  and  the  parties 

conferred  through  counsel,  and having  agreed to settle this action  without  adjudication  or 

of  any issue of  fact or law  and without  Defendants  admitting  liability  for  any of  the

in  the Complaint  or for  any wrongdoing  whatsoever,  therefore,  on the joint  motion  of  the

is hereby  ORDERED,  ADJUDGED,  and  DECREED  as follows:

                                                   FINDINGS

         1.      This  Court  has jurisdiction  of  the  subject  matter  of  this  case and  of 

consenting  hereto.

        2.       Venue  is proper  as to  all parties  in  the  Northern  District  of  Illinois 

U.S.C.  $8  1391(b),  (c)  &  (d),  and  15 U.S.C.  5 53(b).

        3.       The  activities  of  Defendants  are in  or  affecting  commerce,  as defined  in 
SNIPPETS:
  • FOR THE NORTHERN DISTRICT OF ILLINOIS
  • STIPULATED FINAL JUDGMENT AND ORDER
  • Plaintiff Federal Trade Commission ("Commission" or "FTC") having filed its Complaint
  • for a permanent injunction and other rehef in this matter, pursuant to Section 13of the
  • Trade Commission Act, 15 U.S.C. $ 53, respectively, and the parties having
  • and having agreed to settle this action without adjudication or admission
  • of any issue of fact or law and without Defendants admitting liability for any of the
  • in the Complaint or for any wrongdoing whatsoever, therefore, on the joint motion of the
  • Venue is proper as to all parties in the Northern District of Illinois under 28
  • The activities of Defendants are in or affecting commerce,
  • Quantum Management U.S., Inc., TBS Industries Ltd., TLD Networks Ltd. and Thomas Goolnik,
  • general partnership, corporation, or other business entity.
  • and using language and syntax sufficient for an ordinary consumer to read
  • the Defendants are hereby permanently restrained and enjoined from making or assisting
  • enforcement agency, to Plaintiff, or as required by any law, regulation, or court order.
  • consumers, limit its efforts to, or otherwise favor, those consumers residing in the United
  • attest to the truthfulness, accuracy, and completeness of the financial statements submitted
  • whether designated as employees, consultants, independent contractors or otherwise,
  • offering for sale, or selling domain names on or through the Internet, where Defendant Thomas
  • employees and independent contractors engaged in sales or other customer service functions
  • Commission's authorized representatives, mail all written notifications to the Commission to:
  • Order for Permanent Injunction and Consumer Redress which was signed by the Honorable

  • 2 . TEMPORARY RESTRAINING ORDER

    EXTRACTED KEY WORDS
    ASSETS
    COMMISSION
    PURSUANT
    RESTRAINING
    COURT
    FINANCI
    CONTROL
    PLAINTIFF
    ACT
    FEDERAL RULES
    CIVIL PROCEDURE
    ENJOINING
    CIV
    PRIOR
    MANAGEMENT
    DEPOSITIONS
    CUSTOMER
    REQUEST
    LIMITATION
    PROVISION
    PARTY
    REPORTS
    LEDGERS
    AFFILIATES
    BUSINESS
    SUBSIDIARIES
    IMMEDIATE
    DISPOSITION
    TLD NETWORK
    
                                                  STATES  DISTRICT           COURT
                                                              DISTRICT       OF  ILLINOIS
                                                ~ EASTERN  DIVISION                                    
                                                                                                       
                                                                                                       
                                                                                                       
                                                                   >
    FEDERAL  TRADE  COMMISSION,                                    >                                   
                                                                   1
                                        Plan&                      >                                 
                                                                                                     
                                                                                                       
                                                                   1                          
                               V.                                  >        Case  No.
                                                                   1
    TLD  NETWORK  LTD.,  QUANTU/M                                  >
    MANAGEMENT            (GB)  LTD.,  TBSI                        >
    INDUSTRIES  LTD.,  THOMAS  G$XHXIK,  and  )
    EDWARD  HARRIS  GOOLNIK,  individually,                        >              I.  -. .,-,m
                                                                                            : `""!  ne
    and  as officers  of  the  above  compan,kes.                  >                      _ *  ,d' i
    
                                        Defendants.
    
    
    
                                                   RESTRAINING             ORDER  WITH
                           ASSET  FREE            AND  OTHER  EOUITABLE                   RELIEF
    
             Plaintiff  Federal'Trade  Cornmission  (`Commission"  or  "FTC"),  having  filed  its
    
    complaint  for  a permanent  injunction  and other  relief  in  this matter,  pursuant  to  Section
    
    the Federal  Trade  Commission  Act  ("FI'C  Act"),  15 U.S.C.  0 53(b),  and having  moved  exparte
    
    for  a Temporary  Restraining  Order  pursuant  to  Rule  65  of  the  Federal  Rules  of  Civil 
    
    Fed. R.  Civ.  P. 65, and  the  Court  having  considered  the complaint,  declarations,  exhibits 
    
    memorandum  of  law  filed  in  support  thereof,  and now  being  advised  in  the premises, 
    
             1.       This  Court  has jurisdiction  over  the  subject matter  of  the  case, and 
    
    cause to  believe  that  the  Court  will  have  jurisdiction  over  the parties;
    
            2.        Venue  lies properly  with  this Court;
    
    
    
    
    SNIPPETS:
  • Plaintiff Federal'Trade Cornmission (`Commission" or "FTC"),
  • the Federal Trade Commission Act, 15 U.S.C. 0 53, and having moved exparte
  • for a Temporary Restraining Order pursuant to Rule 65 of the Federal Rules of Civil Procedure,
  • R. Civ.
  • This Court has jurisdiction over the subject matter of the case,
  • There is good cause to believe that immediate and irreparable damage to the
  • occur from the sale, transfer, assignant, or other disposition or concealment by Defendants of
  • Procedure 65and for relieving tf e Plaintiff of the duty to provide Defendants with prior
  • The assets affected by this section shall include both existing assets and assets
  • acquired after the effective date of {his Order, including, without limitation, those
  • the provision of services to Defendants.
  • or any thud party holding assets for the
  • accountants' reports, general ledger$, general journals, cash receipts ledgers, cash
  • possession, custody, or control.
  • 1681b, and that upon writte request, any credit reporting agency from which such reports
  • IT IS FURTHER ORDERED that Defendants shall each, within five business days
  • prepare c d deliver to counsel for the Commission: A. A completed financi~ statement accurate
  • Individual Defendant, appended he eto as Attachment A; TLD Network Ltd, Quantum
  • Management Ltd., and TBS I + dustries, Ltd. shall include all financial information requested
  • or of their afhliates or subsidiaries; the nature and location of documents reflecting
  • the business transactions of these defendants, or their affiliates or subsidiaries;
  • shall not apply to depositions taken pursuant to this Section.
  • preliminary injunction, pending find ruling on the complaint against Defendants, enjoining

  • 3 . MEMORANDUM

    EXTRACTED KEY WORDS
    WEB SITES
    INTERNET
    RELIEF
    COURT
    TEMPORARY RESTRAINING ORDER
    GOOLNIK
    FTC
    CONSUMERS
    DEFENDANTS SELL
    ATT
    FTC ACT
    FEDERAL TRADE COMMISSION
    THOMAS GOOLNIK
    EQUITABLE RELIEF
    MATTER
    IMMEDIATE
    PRACTICES
    TLD NETWORK
    EDWARD HARRIS GOOLNIK
    INTERNET USERS
    DECEPTIVE PRACTICES
    UNITED STATES
    ICANN
    AUTHORITY
    REPRESENTATIONS
    CREDIT CARDS
    CONSUMER INJURY
    INJUNCTIVE RELIEF
    INDUSTRIES
    
                                      UNITED  STATES  DISTRICT  COURT
                              FOR  THE  NORTHERN  DISTRICT  OF ILLIN                        lfz  i""
                                                 EASTERN  DIVISION                          *..        
                                                                                                       
                                                                                                       
    
    
    
    FEDERAL  TRADE  COMMISSION,
    
                                        Plaintiff,
    
                               V.
    
    TLD  NETWORK  LTD.,  QUANTUM
    MANAGEMENT             (GB)  LTD.,  TBS
    INDUSTRIES  LTD.,  THOMAS  GOOLNIK,  and
    EDWARD  HARRIS  GOOLNIK,  individually,
     and  as officers  of  the  above  companies.
    
                                       Defendants.
    
    
    
               MEMORANDUM             SUPPORTING  PLAINTIFF'S  EX  PARTI?  MOTION  FOR
     TEMPORARY  RESTRAINING  ORDER,  OTHER  EQUITABLE  RELIEF,  AND  ORDER
           TO  SHOW  CAUSE  WHY  A  PRELIMINARY                   JNJUNCTION  SHOULD  NOT  ISSUE
    
    I.         INTRODUCTION
    
               This  matter  involves  straightforward  Internet  fraud.  Defendants  sell  Internet 
    
    names that do  not work,  and  almost  assuredly  will  never  be usable,  over  the Internet.  '
    
    Defendants  send unsolicited  email  ("spam")  falsely  claiming  that their  domain  names, 
    
    suffixes  such as ".usa"  and  ".sex,"  work  like  recognized  existing  domain  names  with 
    
    ". corn. "  Defendants  sell their  domain  names  on  professional  looking  Web  sites that
    
    deficiencies  of  the domain  names.  We  ask that  the  Court  bring  this scam to  an immediate 
    
    
           '  Domain  names assist Internet  users to find  Web  sites and  communicate  via  email. 
    11'1( 3.)  For  example,  the domain  name  of  the Federal  Trade  Commission  -  "ftc.gov"  -  is
    to identify  the FTC's  Web  site, www.ftc.gov,  and  email  to  the FTC  is directed  to
    ~~~~~~?~~-~~~~g~~~~~~
    
    
    
    SNIPPETS:
  • FEDERAL TRADE COMMISSION,
  • INDUSTRIES LTD., THOMAS GOOLNIK, and EDWARD HARRIS GOOLNIK, individually, and as officers of
  • TEMPORARY RESTRAINING ORDER, OTHER EQUITABLE RELIEF, AND ORDER
  • This matter involves straightforward Internet fraud.
  • Defendants sell Internet domain
  • " Defendants sell their domain names on professional looking Web sites that conceal the
  • We ask that the Court bring this scam to an immediate end.
  • ' Domain names assist Internet users to find Web sites and communicate via email.
  • Consumers who have purchased the domain names for $59 each, however, have not been able to
  • Plaintiff Federal Trade Commission (`FTC") brings this action pursuant to the FTC Act,
  • 15 U.S.C. $8 45, 53, seeking to immediately enjoin Defendants' deceptive practices.
  • Plaintiff seeks an ex parte temporary restraining order temporarily disabling Defendants' Web
  • companies - TLD Network Limited, Quantum Management Limited and TBS Industries
  • Defendants clearly possess sufficient contacts with the United States.
  • Internet Corporation for Assigned Names and Numbers (ICANN),
  • PX 3 91 8, Att.
  • Many consumers have purchased Defendants' domain names based on the representations
  • Defendants appear to be causing over $100,000 per month in consumer injury.
  • accounts for only about half of the credit card market and Defendants accept other credit
  • This Court Has the Authority to Grant the Relief Requested
  • The injunctive relief requested by the FTC is warranted in this case.

  • 4 . COMPLAINT

    EXTRACTED KEY WORDS
    FTC ACT
    CONSUMERS
    INTERNET
    VIOLATIONS
    RELIEF
    UNITED STATES
    PRACTICES
    COURT
    COMPLAINT
    DECEPTIVE ACTS
    COMMERCE
    THOMAS GOOLNIK
    EQUITABLE RELIEF
    DISTRICT
    PLAINTIFF
    INJURE CONSUMERS
    BUSINESS
    EXTENSION
    WEB SITES
    REGISTER
    UNITED KINGDOM
    PRINCIPLE
    FINCHLEY ROAD
    LONDON
    ENGLAND NW1
    QUANTUM
    TBS
    CONCERT
    EDWARD HARRIS
    
                                      UNITED  STATES  DISTRICT  COURT
                              FOR  THE  NORTHERN  DISTRICT  OF ILLINOIS
                                                  EASTERN  DIVISIoN
    
    
                                                                                                       
                                                                   )                                 
                                                                                                      t
     FEDERAL  TRADE  COMMISSION,                                   >
    
                                        Plaintiff,
    
                               V.                                 >        Case No.
                                                                  >
     TLD  NETWORK  LTD.,  QUANTUM                                 >
     MANAGEMENT             (GB)  LTD.,  TBS                      >
     INDUSTRXES  LTD.,  THOMAS  GOOLNIK,  and  )
     EDWARD  HARRIS  GOOLNIK,  individually,                      )
     and  as officers  of  the  above  companies.                 >
                                                                  >
                                       Defendants.                )
    
    
                   COMPLAINT  FOR  INJUNCTIVE               AND  OTHER  EOUITABLE  RELIEF
    
             Plaintiff,  the  Federal  Trade  Commission  ("FTC"  or  "the  Commission")  for  its
    
    alleges as follows:
    
             1.        The  FTC  brings  this action  under  Section  13(b)  of  the Federal  Trade 
    
    Act  (`FTC  Act"),  15 U.S.C.  0 53(b),  to  secure  temporary,  preliminary,  and  permanent 
    
    relief,  restitution,  recission  of  contracts,  disgorgement  and other  equitable  relief  for 
    
    deceptive  acts or  practices  in  violation  of  Section  5(a)  of  the  FTC  Act,  15 U.S.C.  $
    
                                         JURISDICTION           AND  VENUE
    
            2.        This  Court  has jurisdiction  over  this matter  pursuant  to  15 U.S.C.  $0
    
    53(b),  and  28  U.S.C.  $0  1331,  1337(a)  and  1345.
    
    
    
              3.       Venue  in  the United  States District  Court  for  the Northern  District  of 
    
     proper  under  15 U.S.C.  0 53(b),  and 28  U.S.C.  $0  1391(b),  (c)  &  (d).
    
    
    SNIPPETS:
  • Plaintiff, the Federal Trade Commission for its Complaint
  • relief, restitution, recission of contracts, disgorgement and other equitable relief for
  • deceptive acts or practices in violation of Section 5of the FTC Act,
  • Venue in the United States District Court for the Northern District of Illinois is
  • includig restitution for injured consumers.
  • under the laws of the United Kingdom.
  • company organized under the laws of the United Kingdom Quantum's principle place of
  • business is located at 843 Finchley Road, London, England NW1 1 8NA.
  • Defendant Thomas Goolnik is a British citizen.
  • TLD and tbe sole director of Quantum and TBS.
  • Defendant Edward Harris Goolnik is a British citizen.
  • this Complaint, acting alone or in concert with others, Edward Harris Gooh& has formulated,
  • The foregoing Defendants operate together as part of a common business
  • course of trade in or affecting commerce, as "commerce" is defined in Section 4 of the FTC
  • "World Wide Web" or `Web" means a system used on the Internet for crossreferencing and
  • Internet like domain names with the ".com" top level extension.
  • Defendants represent, expressly or by implication, that consumers can register
  • domain names on Defendants' Internet Web sites.
  • Defendants' violations of Section 5of the FTC Act have injured,
  • continue to injure consumers and harm the public interest.
  •    |