SUPERGREEN SOLUTIONS Cease & Desist Letter
Supergreen Solutions is concerned that there may be a likelihood of confusion between a franchise brand with a horrendously high franchisee turnover rate and an industry watchdog website that warns about franchise brands like Supergreen Solutions. We want to assure Supergreen Solutions CEO Dan Dubell, COO Garry McDowall, Operations Manager Aaron Rose and their attorney, Pete Dosik of Shipe Dosik Law LLC that we’ll make every effort to eliminate any likelihood of confusion. by Sean Kelly
(UnhappyFranchisee.Com) Some collect stamps, coins or the discarded signs from closed United Franchise Group (UFG) franchise locations.
We enjoy collecting Cease & Desist Letters.
It’s our policy to publicly share them as soon as received (!)
Today’s Cease & Desist Letter has special meaning as it objects to a post we wrote about United Franchise Group, a franchise sales machine that uses and sheds franchise concepts & brands the way snakes shed their skins.
The recipient of Ray Titus’ jettisoned brand is actually the Belair, MD franchisee of UFG’s Fully Promoted, a Mr. Dan Dubell. According to the 2022 SuperGreen Solutions FDD (which indicates there are just 12 surviving Supergreen Solutions franchises):
Our name is Legacy Environmental Solutions, Inc.. We are a corporation incorporated on November 25, 2020 in the State of Delaware. Our principal place of business is 16A Bel Air South Parkway Bel Air, MD 21015…
Our predecessor is Greener Energy LLC. Its principal business address is 2121 Vista Parkway, West Palm Beach, FL 33411. We acquired the assets of the SuperGreen Solutions business from Greener Energy LLC in December 2020….
A Blast From the (Troubled) Past of the Supergreen Solutions Franchise
Since 2012, At Least 77 SuperGreen Franchises Opened. Only 12 Are Open Today.
Perhaps Peter H. Dosik, Esq. should spend his time reviewing the claims made on the swanky new SuperGreen Solutions website, such as:
-
SuperGreen states: “Owning a SuperGreen Franchise is a Proven Business Model…”
- We ask: “Yes, but… Proven to fail?”
- SuperGreen states: “With locations all over the U.S. and beyond, we know what it takes to start a new business off right…”
- We ask: “12 locations is ‘all over the U.S.’? Where is ‘and beyond’?”
- “SuperGreen Solutions [is] an affordable business model with powerful returns.”
- We ask: “The SSG FDD states: ‘We do not make any representations about a franchisee’s future financial performance or the past financial performance of company-owned or franchised outlets… If you receive any other financial performance information or projections of your future income, you should report it to the franchisor’s management by contacting Dan Dubell.’ Dan?”
- “SuperGreen provides everything your franchise needs to succeed…”
- We ask: “Why are only 13% of the Supergreen Solutions that have opened still in business?”
- “SuperGreen’s international franchise network…”
- Neither the website nor the FDD mention international franchise locations. Is that “and beyond”?”
- “Lorem ipsum dolor sit amet…” – Rob Jeffers
- There are four blog posts dated September, 2021 consisting of “Greeking” text. Is that for the International Network?
Notice: We Are Not Affiliated With SuperGreen Solutions, or Legacy Environmental Solutions, Inc.
We Do Not Sell Untested Franchise Ideas As Proven Concepts.
And We Tell the Truth.
SuperGreen Solutions Cease & Desist Letter to UnhappyFranchisee.Com
Here is the Cease & Desist Letter from SuperGreen Solutions and Pete Dosik of Shipe Dosik Law LLC.
Readers may remember Pete Dosik and Shipe Dosik Law LLC for their representation of another great franchise disaster, Clubstore Outlet.
Thanks for reminding us, Pete!
Via [SuperGreen Solutions]
16A Bel Air South Parkway
Bel Air, Maryland 21015Re: Demand for Removal of Trademark Infringement
To Whom It May Concern:
This law firm represents Legacy Environmental Solutions, Inc. (“LES”), which owns and
operates the SuperGreen Solutions brand. LES owns multiple trademarks related to its
goods and services, including the following marks on the Principal Register of the U.S.
Patent and Trademark Office (the “Marks”):
LES’s use and registration of the Marks provide certain proprietary rights, including the
right to restrict the use of the Marks or any other confusing similar marks in association
with similar products and services. LES also licenses the Marks to approved franchisees
under written franchise agreements.LES has discovered the following infringing use of the Marks on the internet:
[https://www.unhappyfranchisee.com/supergreen-solutions/]We hereby demand that you immediately remove and delete the account with infringing
use.The Marks are an important representation of the business which LES and its franchisees
conduct. Thus, it is imperative that my client protect the Marks against any actions that
may cause substantial harm by lessening its effectiveness. The Lanham Act (15 U.S.C. §
1051, et. seq.) provides the owners of registered trademarks with remedies for trademark
infringement and dilution, including injunctive relief and damages.Sincerely,
Peter H. Dosik, Esq.
Shipe Dosik Law LLC
2107 N. Decatur Road • Unit 347 • Atlanta, GA 30033
Unhappy Franchisee Response to Pete Dosik’s Cease & Desist Letter:
Dear Pete:
Thank you for your Cease & Desist Letter. As you requested, we have removed all mention of your client “Supergreen Solutions” including documentation of their brand’s abysmal franchise failure rate and origin as one of UFG’s revolving door of franchises.
Furthermore, we promise to refrain from warning prospective franchisees about your client’s questionable representations in the future, including that the SuperGreen franchise is a “proven business model,” that it generates “powerful returns” for franchisees, and that it has an “international network” beyond its 12 locations.
Oh, I’m just kidding!
As you know (or at least I hope you know), our use of your client’s name and trademark is clearly permissive under the doctrine of Nominative Fair Use.
Our use is non-commercial, educational, necessary and in the public interest.
I assume your intent is to threaten & intimidate us into removing factual but unflattering content about the troubled history of your client’s franchise concept & brand.
As one who has at least one client featured on our site (Clubstore Outlet), you should know that we do not respond well to threats and bullying.
I invite your client Supergreen Solutions to take a more enlightened and practical approach and provide us with a statement as to why the dismal past performance of Supergreen Solutions does not necessarily indicate similar results under the new leadership.
We will be happy to publish it as part of our ongoing, open and candid discussion of Supergreen Solutions.
If you or your client ever have legitimate corrections or clarifications on any of our content, or it you wish to offer a rebuttal or alternative point-of-view (without legal threats), please feel free to contact me.
I appreciate your alerting me that Supergreen Solutions is once again promoting their “Proven Business Model.”
All the best,
Sean Kelly
President, Relentless, Inc.
Publisher, UnhappyFranchisee.Com
P.S. I have posted your cease & desist letter publicly along with some claims on the SuperGreen Solutions website that I invite them to verify with documentation, including:
“Owning a SuperGreen Franchise is a Proven Business Model…”
“With locations all over the U.S. and beyond, we know what it takes to start a new business off right…”
“SuperGreen Solutions [is] an affordable business model with powerful returns.”
“SuperGreen provides everything your franchise needs to succeed…”
“SuperGreen’s international franchise network…”
“Lorem ipsum dolor sit amet…” – Rob Jeffers
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Related Reading/Viewing:
UFG SUPERGREEN SOLUTIONS Massive Failures, Titus Fraud Allegations
Supergreen Solutions UFG Franchise Failure, Fraud Allegations (Video)
VetFran or VetScam? Turnover Rates of IFA-Endorsed Vet-Friendly Franchises
FRANCHISE DISCUSSIONS by Company
ARE YOU FAMILIAR WITH SUPERGREEN SOLUTIONS OF BELAIR MARYLAND? OR ATTORNEY PETE SHIPE OR SHIPE DOSIK LAW? PLEASE SHARE A COMMENT BELOW!
TAGS: Supergreen Solutions, Supergreen Solutions franchise, Supergreen Solutions Belair Maryland, Dan Dubell, Garry McDowall, Aaron Rose, attorney Pete Dosik, Shipe Dosik Law, Ray Titus, United Franchise Group, UFG, Cease & Desist letters, Response to Cease & Desist Letters, Franchise bullying Unhappy Franchisee, Sean Kelly
Sean Kelly is a recovering franchise marketer, an award-winning investigative journalist, & a devoted IdeaFarmer & chicken wrangler in Lancaster County, PA. His hobbies include collecting cease and desist letters, imprisoning scammers (current count: 2) and tormenting bullies. He’s literally the only one alive who wants to hear your franchise-related woes. Email: UnhappyFranchisee[at]Gmail[dot]Com.