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FTC v K4 GLOBAL PUBLISHING INC Click to find out why . . .



Keywords & Phrases
CaseNo: FVKGPI142220, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION II, Plaintiff: FTC, State: GA Georgia, UniqueCaseRef: LCD>FVKGPI142220, Commission, Act, Federal Trade Commission, Pursuant, Injunction, Assets, Practices, Civ, Ftc Act, Matter, Equitable Relief, Consumers, Instant Internet Empires, United States, Kern Family Enterprises, Parties, Federal Rules, Materials, Website, Violation, Scheme, Marketing, Financial Statement, Purchase, Restraining Order, Temporary Restraining Order, Complaint, Relief, Deceptive Acts, Substantial Income, Georgia, Global Publishin, Parties Hereto, Jurisdiction, Misleading Representation, Gains , ContentID: 120255022

Case Documents
1   ORDER - PLAINTIFF EX PARTE MOTION
[ see first page and extracted highlights below  ] ItemID: 132219
14 pages
PDF
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 132218
9 pages
PDF
Total Documents: 2 documents , 23 pages
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1 . ORDER - PLAINTIFF EX PARTE MOTION

EXTRACTED KEY WORDS
COMMISSION
FEDERAL TRADE COMMISSION
PURSUANT
PLAINTIFF
BUSINESS
COURT
INJUNCTION
ASSETS
CIV
ACT
MATTER
EQUITABLE RELIEF
PRACTICES
KERN FAMILY ENTERPRISES
PARTIES
FEDERAL RULES
FINANCIAL STATEMENT
RESTRAINING ORDER
TEMPORARY RESTRAINING ORDER
COMPLAINT
UNITED STATES
MATERIALS
GLOBAL PUBLISHIN
PARTIES HERETO
JURISDICTION
MISLEADING REPRESENTATION
PROVISION
CONSUMER
PROPERTY TAX
FEDERAL  `IX'UDE  COMMISSION,                         '           w
                                                                   m


                                                                   I

                                                                   .

                           PlzlhCiff,                             :
                                                                                 5:03-w-140-3
                                                                   :
         V.                                                        :
                                                .     .            :
K4  GLOBAL  PUBIJSHXNG,  INC.,  d.b.a.                            :  '
Instant  Internet  Empires,  .                                    . w  .
                                                                  : l
tiRN     FAMILY  EN'I%RP~SkS,               LLC,  cLb.a.,  - . I          ,
hstant  Xatennet Empires,~                                         I
                                                                   m



                                                                   :                              
         and                                                       .
                                                                   .



                                                                   :

IRWIN  F. k;1ExuV, IV,  a.k.a. Frank  Kern,                        :

                                                                   I
                                                                   I

                          . Defendants.                           . .





                 ORJXR  ON  IpLAINTlFF'S                    EX  PARTE  MOTION  FOR
                          ~A TEMPOR+RY          IRIES~MWG                       CNZDER

         Plaintiff,  the Federal Trade Commission  (Y!ommission")  having filed  its

complaint  for  a permanent injunction  and other equitable relief  in this matter pursuant to
se&ion  13(b) of the Federal Tide  Commission  Act  ("FTC~Act"),  1.5 USC.  9 53(b),
and having  moved  ex~atie  `for a temporary  restraining order and for a hearing on
SNIPPETS:
  • Plaintiff, the Federal Trade Commission having filed its
  • complaint for a permanent injunction and other equitable relief in this matter pursuant to
  • 53, and having moved ex~atie `for a temporary restraining order and for a hearing on
  • R. Civ.
  • This Court has jurisdiction over the subject matter of this case, and the is good uause $0
  • There is good cause to believe that t@e Defendants, K4 Global publishin& hc.
  • , Kern Family Enterprises, LLC, and Irwh 3'.
  • &.a Frank Kern, have engaged and are likely to erigage in acts md practices
  • other disposition or conce&nent by Defendants of their assets or business records
  • The evidence set forth in the plaintiffs Motion for Ternponry Restraining Order,
  • "Business C$porhmi~ means any program, plan, product, or service that enables or purports to
  • Any Mse or misleading representation that all consumers who purchase
  • the sale, advertisement, promotion, marketing, offering, or provision of any chain
  • located, ineluding outside the United States, that are owned or controlled, directly or iness as" name of any Defer&ant at any bank or savings and loan icnstitution, or with any
  • the,assets of the Defendants existing as of the date this Order was entered; qd for assets
  • The `IDefendants shaI1 complete the corporate financial statement for K4 and KFE, and for
  • IT IS FURTHER ORDERED that pursuant to S&ion 604of the Fair Credit Reporting Act, 15 G.S.C. 6
  • business or personal income or property tax returns, 1099 forms, and other documents
  • The Commission shall return materials so removed or produced by the Defendants, with five
  • or the exptiation of this Temporary Restraining Order,
  • IT IS FURTHER ORDERER that the parties shall serve all memoranda, affidavits and athe;

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    ACT
    FTC ACT
    CONSUMERS
    INSTANT INTERNET EMPIRES
    WEBSITE
    VIOLATION
    SCHEME
    MARKETING
    PURCHASE
    PRACTICES
    RELIEF
    BUSINESS
    DECEPTIVE ACTS
    SUBSTANTIAL INCOME
    GEORGIA
    COURT
    GAINS
    ADVERTISING
    MATERIALS
    UNITED STATES
    FEDERAL TRADE COMMISSION
    PLAINTIFF
    INJURY
    PARAGRAPH
    RECRUITMENT
    PAYMENT
    REPRODUCE
    TRANSACTS
    MIDDLE DISTRICT
    
                                tiTED        STA~ES.`DISTRICT                 COURT
                             FOR  THE  MJDDLE  DISTFCT                     OF  GEORGIA
    
                                  Case  No.                                -cIv
    
    
    
                                                                    1
           FEDERAL  TRADE  COMMISSI6N,                              )
                                                                    )
                                   Plaintiff,                       1
                                                                    1
                     v.                                             1
                                                                    )       ..--I
           K4  GLOBAL  PUBLISI!IiNG,              INC.,             )
            dba                                                     1
           Instant  Internet  Empires,                              1
                                                                    1       5  :o  34v-  01  4  o-3
           KERN  FAMILY  ENTERPRISES,  LLC,  )
            dba                                                     1
           Instant  Internet  Empires,                              1
                                                                    1
                     and                                            1
                                                                    1
           IRWIN  F. KERN,  IV,                                     1
            aka                                        .-           1
           Fr+nk  Kern                                              1
                                                                    1
    
                    9              Defendants.                      1
    
    
    
    - COMPLAINT  FORPERMANENT                     INJUNCTION              AND  OTHER  EQUITABLE        
    
            hlaintiff,  the Federal Trade Commission  ("FW"  or "Commission"),  for its complaint
    
    alleges:
    
            1. The FTC  brings this action under Section  13(b) of the Federal Trade Commission  Act
    
    (?FTC Act"),  15 U.S.C.  $3 53(b), to obtain preliminary  and permanent injunct.ive  relief,
    
    
    
                                                              1
    
    
    .'
    
    SNIPPETS:
  • The FTC brings this action under Section 13of the Federal Trade Commission Act
  • , 15 U.S.C. $3 53, to obtain preliminary and permanent injunct.ive relief,
  • business in the Middle District of Georgia and throughout the United States under its own name
  • including but not limited to Instant Internet Empires.
  • principal place of business located in Macon;
  • in the Middle District of Georgia and throughout the United States under its own name and
  • directed, controlled, or participated in the acts and practices alleged in this complaint.
  • transacts or has transacted business in the Middle District of Georgia and throughout the
  • K4, KITE, and Kern operate as a common enterprise to induce consumers to purchase
  • At all times material to this complaint, Defendants' course of business, including the
  • Defendants sell consumers a pre-packaged Internet business.
  • the right to reproduce Defendants' own marketing website, k&&n as "Instant Internet Empires,"
  • purchasers of the "Instant Internet Empires" product are likely to earn substantial income
  • websites where they can download the materials that comprise the "Instant Internet Empires"
  • -host the consumer's site and with an online payment processor to accept payment for the
  • Defendants' scheme is a chain marketing scheme that necessarily enriches only a few
  • marketing websites that include the representations in Paragraph 11 for use in recruiting new
  • VIOLATIONS OF SECTION 5 OF THE FTC ACT
  • Section 5of the FTC Act, 15 U.S.C. 0 45, prohibits unfair or deceptive acts or
  • In the course of advertising their products, Defendants represent, expressly or by
  • deceptive in violation of Section 5of the FTC Act;,
  • financial gains based on payments from future participants in the scheme.
  • or her successive recruitment of other participants into the scheme.
  • injury as a result of Defendants' unlawful acts or practices.
  • Absent injunctive relief by this Court,
  • WHEREFORE, Plaintiff, the Federal Trade Commission, requests that this Court, as
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