JAN-PRO UnhappyFranchisee.com Responds to Jan-Pro Threat

Commercial cleaning franchise company Jan-Pro Franchising International sent a threatening email to UnhappyFranchisee.com.

(See JAN-PRO Threatens UnhappyFranchisee.com)

The letter, sent from Jan-Pro attorney Kathryn B. Shipe, alleged that UnhappyFranchisee.com was infringing of Jan-Pro’s registered trademark.

UnhappyFranchisee.com’s response follows:

12/27/11

Ms. Shipe:

Thanks for your “courtesy letter” regarding the single 240 x 120 pixel Jan-Pro logo that appeared on a single blog post on UnhappyFranchisee.com….

In regard to your objection to the use of the Jan-Pro logo on the UnhappyFranchisee.com website, please be advised that:

  1. The right for bloggers and online publishers to use company logos is clearly protected under the Fair Use Doctrine.
  2. The logo appeared on a blog post titled “JAN-PRO Franchise Complaints” that was accompanied by 600+ mostly negative comments about the Jan-Pro franchise program. If ever there were ever an “unlikelihood” of confusion, this would be it.
  3. This logo was provided by Jan-Pro’s own public relations agency for use in online and print publication. Your client provides this logo publicly in a downloadable format in order to encourage its use by writers, publishers and bloggers.

Even though continued use of the Jan-Pro logo on UnhappyFranchisee.com is fully within our rights under the Fair Use Doctrine, as a courtesy we have taken the following steps:

  1. We have replaced the offending logo with a graphic that states “We are NOT JAN-PRO”
  2. We have placed the “We are NOT JAN-PRO” graphic in several key places on our website, including our home page.
  3. We have published a prominent post that includes both your Cease & Desist Courtesy Letter as well as further clarification that UnhappyFranchisee.com is not affiliated with your client, JAN-PRO.
  4. We will publish this response letter as well, to ensure that no likelihood of confusion between UnhappyFranchisee.com and your client could possibly exist.
  5. We invite your client, JAN-PRO, to provide a statement, clarification, rebuttal or rebuttals to any and all of the views expressed by individual commenters on UnhappyFranchisee.com. We will publish your client’s rebuttal and clarification with the same or greater prominence as the views of the contains the individual commenters (whose views are not that of UnhappyFranchisee.com). Please extend this offer to your client on our behalf.

On a more philosophical note, it seems likely that an experienced attorney such as yourself would know that fair use of the Jan-Pro logo is entirely within our rights. We must assume that either 1) you believed that we are not aware of the legalities regarding freedom of speech on the Internet and thought we could be bullied, or 2) you were making contact as a first step for some further legal purpose.

Please be assured, in either event, that we are knowledgeable, resolute and outspoken when it comes to protecting the right to free speech, open discourse and transparency on the Internet. While we believe it is the right of each franchisee to share their experiences and their opinions, we also believe each franchisor has the right to dispute, rebut or disprove those opinions. We look forward to continuing to provide an open forum for both franchisees and franchisors, and hope your client will take us up on the invitation to participate in our forum.

ADMIN

UnhappyFranchisee.com

Statements or rebuttals are welcome and can be submitted to UnhappyFranchisee[at]gmail.com.

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unhappyzee

View Comments

  • There is a new lawsuit against Jan-pro in Massachusetts. Please contact me if you have been ripped-off by Jan-pro in Massachusetts.

    You can e-mail the unhappyfranchise.com and he will give you my contact information, you can also find my number at complaintsbiard.com.

    Thanks

  • I once operated a janpro contract and I was told that my client was unhappy with my performance, also that I had been replaced by another franchisee. Unsatisfied with the dissatisfaction of the client due to my performance, I promted Janpro for more info on the matter and reasons for the clients choices and I was told the Janpro Rep that had that info was fired and the only option is to complete another 5-6 week training course that actually took me over 2 months due to the absence of the Trainer. Reaching out to a Janpro Corp office for support was not helpful I was given the same response. The Reps in the local office are rarely available and make many mistakes. Requesting a change of address 3x shouldnt be necessary, especially when its your paycheck. When my 2-3 week old paycheck bounced due to Janpro I thought back to how unsure I was about handing over $3,000.00. Never recieved any form of Employee ID or Badge for verification purposes. Unhappy franchisee?.... Yes Very!

  • I am petitioning the IFA (International Franchise Association) to hold their franchisor members responsible for acts of fraud, threatening, stealing,lying and creating false documents to terminate their franchisees from their agreements.

    Although our franchises may be different most are members of the IFA and the IFA is stealing our rights to due process by helping these franchisors word their contracts in a way that when we sign up to start also forfeits our rights to due process should THEY commit CRIMINAL acts against our franchise.

    Please go to the link below and sign my petition. Then download it and post it to your web site so others will know and can sign as well.

    http://www.change.org/petitions/veterans-deserve-success-not-matco-tools-franchise-failure?utm_medium=facebook&utm_source=share_petition&utm_term=friends_wall

    Thank You!

    Todd A. Peterson

  • Here's an idea, instead of blaming everyone else for your failures aka OBAMA, here's a thought, take any document that you can't understand to an attorney for review, an accountant for ROI information and possibly someone smarter than what you obviously are....It isn't IFA's fault for your failure at MATCO, just like most of the idiots that posts their issues here on the Jan-Pro site, it isn't Jan-Pro's fault that they can't/won't/don't follow Policy and Procedures, don't perform well in regards to actual cleaning duties, fail to understand the basics of customer service nor the basic business principals of a service oriented business.

  • For your information Mr. Falkner, I KNOW WHAT IS GOING ON! I don't need some pompous pencil pusher to point a finger at me. The IFA IS the problem!!! They PROTECT the franchisors at ALL COST. They bring tax cuts to they MULTI-MILLION dollar money making scam artists by lobbying our politicians through organizations like FranPac. They allow their franchisors to have DIRECT ACCESS to our VETERANS through Vetfran. Have you looked up on line and seen how much money the IFA gets to train these franchisors? Have you looked up on line and seen how much they make to make someone a CFE (Certified Franchise Executive)? Have you seen who heads the IFA and Vetfran committee chairs? Do you think Lonnie Helgerson who is a "Leader" and so called "Expert" in the franchise community profiting off of his membership and leadership as a Vetfran Committee chair member. Did you know Lonnie Helgerson makes money off of a list of soldiers which he tells franchisors for a certain fee they can have his list? Do you think that a guy who is supposed to be helping vets and is selling their info to franchisor worried about those vets if their franchisor screws them? You think that NO franchisor has ever done anything criminal to a franchisee?

    DO YOU GET OUT MUCH!

    Try turning on a light or opening your front door!

    Wake up the heck up!

    Your not in wonderland Alice!

    This is America! Home of the enslaved tax payer! We don't make products in the U.S.A anymore but false dreams and credit is what CONGRESS has learned we as Americans are good for!

    Put us in debt on a franchise which if they violate their end of the agreement we are stuck with a SIGNED contract, (that the IFA taught the franchisor to do through training to their franchisee) which says we agree to get screwed by our franchisor. This theory will get tested! I promise!

  • To Bill falkner, Are you then saying that these contracts that are written by jan-pro and franchisors are made so difficult for the sole purpose of ripping of people and defrauding them of there life savings. Is that the kind of country that you want to live in, Do you want to live in a country that you have to constantly watch your back so that you don’t get Ripped-off.

    When jan-pro steals accounts or takes a cleaners accounts away by telling them that the customer isn’t happy when infact the customer is very happy that is a CRIME ! Like a Judge recently said this is a PONZI SCHEME !

  • @Todd, YOU are blaming everyone and anyone for your own mess, you made the decesion to purchase your franchise from MATCO....YOU didn't do your homework, YOU didn't put in your time/effort to make money, YOU made decisions in regards to YOUR business and if failed....Got news for you, businesses fail all across this country everyday!

    @1st amendment, I have read numerous posts made by you on several sites, amazing to me that someone like you has so much time on their hands. Of course, on some of those sites, you are directly linked not only to liss-riordin but also to SEIU/Big Labor. Funny, I also have friends at Jan-Pro, you purchased the smallest package at 425.00/month, you couldn't build upon that business without assistance from Jan-Pro and that is their fault somehow?

  • Bill you are one sick Liar, I’ am not a member of seiu infact how would you like to put a wager on it.$$$ Come on put your money were your Lying mouth is at. The attorney that you mentioned is my attorney as I’m a lead plaintiff in a National Class Action Lawsuit against jan-pro just like many people around the country. More lawsuits are getting filled against jan-pro because jan-pro keeps ripping of more people. If anybody would like more information on these Lawsuits you can find my information at complaintsboard.

    Bill another Big Fat Lie that you crap out is that you say that I bought the smallest plan at 425.00 a month. Bill again you LIE! Would you like to place a Wager on it? I can prove that what I say is the truth and if you dare which I know you wont then lets have a wager .

    Jan-pro Lies, steals, commits Fraud and is in violation of the Rico and Raqueteering acts. I hope they all go to Prison soon!

  • Bill Faulkner,

    I don't know your story Bill but I do know mine. First full year in business 41 out of 1500+ Matco Franchisees. Second full year in business. Matco fraudulently steals and threatens me with the loss of my franchise if I do not surrender shops that I had established through Matco to put another distributor in business. I was on a pace to be top 10 that year but with the damage Matco did to my business and the losses my franchise incurred I was reduced to 134 out of 1500+. Had Matco forced me out of my shops in January instead of July I would not have been in the top 800 of Matco's 1500+ franchise owners.

    I know facts Bill.

    My name is Todd Allen Peterson.

    I live in Lowell, Ar.

    I served 3 years in the United States Army.

    I have a loving wife of almost 14 years and she is the only wife I have ever been married to.

    I have two beautiful children. 11 yr old boy and 12 yr. old girl.

    I was a Matco franchise owner for 6 1/2 years. Of those 6 1/2 years 4 1/2 were spent with Matco letting my business FAIL after they made my franchise an unsuccessful franchise.

    No one wants to believe that the company they are in business with wants them to be unsuccessful but I assure you this IS the case with Matco. My purchase average when they took my customers was almost triple of what the National Average was when they took my success. Threatening a franchisee should have consequences. Especially when it is a Regional Manager, in your home, in front of your wife and with your 4 and 5 year old children sleeping close by.

    People reading these posts. Please!!! Do not put any faith into the comments of Bill Falkner. The fact that he does not even know who I am or how I got to be where I am, but will call me a failure and point the blame at me, leads me to believe that Bill is a successful person who thinks that only he can succeed or Bill profits from franchising just like the IFA who is a non-profit organization which contributed over $600,000 to campaign interest of those who can be lobbied in congress to get votes.

  • @Todd, go ahead and look at my profile on linkedin...No offense, I spent 20 Years plus in the Navy, No offense, I don't waste my time blaming others for things that are at least 50% my fault. You claim that someone "threatened you", then why didn't you "kick their ass"! You claim that MATCO stole from you, SUE THEIR ASS! You claim that no one will listen to you, then MAKE THEM and not on a site that simply has a bunch of disgruntled, mostly uneducated, mostly lazy people that simply want to blame anyone/everyone else for their own mistakes.

    @1st Amendment- REALLY! Liss-Riordin isn't allowed to practice law in California last time I checked....Now, one of her partners is, but she isn't. She openly touts her and her law firms "buddy/buddy" with Unions, she has done it in interviews, on her own website, on Blue Mau Mau and other sites. In regards to your BET, tell everyone what package you purchased......I'm sure the administrator since he is buddy/buddy with you and that idiot Fortman, wouldn't have any issue posting copies of your signed agreement on this site....

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