Think and Grow Rich ® Trademark breaches by Jamie McIntyre
Updated as of the 16th of April 2010
You may be aware that a competitor, Jamie McIntyre of 21st Century Academy, has started spreading unfounded rumour and misrepresentations through the internet regarding my right to conduct Think and Grow Rich ® seminars. I am posting this document for the purpose of setting out the truth of the matter, particularly in light of the confusion generated in the minds of consumers, by Jamie McIntyre’s activities and the numerous enquiries I have received as to whether Jamie McIntyre is associated with my business.
Think and Grow Rich ® Trade Mark Rights
My company Think and Grow Rich Pty Ltd is the registered owner of the trade mark Think and Grow Rich® in Australia (registration no. 1154604).
I am therefore, under Australian law, through my companies (including Think and Grow Rich Pty Ltd) entitled to exclusively carry on the business of educating people about wealth generation strategies under this trade mark in Australia.
I have been conducting Think and Grow Rich ® seminars in Australia since 2007 and through this program I have educated approximately 15,000 people in the science of wealth generation. There are many people out there who have benefited enormously from these seminars and I intend to keep on providing this educational service through the Think and Grow Rich ® seminars.
Jamie McIntyre and 21st Century Academy
Jamie McIntyre is the principal of 21st Century Academy. He has recently started running seminars under the label Think and Grow Rich in the 21st Century. He has also commenced a campaign to confuse the public as to my right to use the brand Think and Grow Rich. His actions are in direct breach of my trade mark rights and it appears he has no respect for Australian law.
This comes as no surprise, as a simple google search reveals Jamie McIntyre’s extensive ASIC record. Here’s just one such official ASIC record:
http://www.asic.gov.au/asic/asic.nsf/byheadline/05-85+ASIC+action+stops+further+promotion+of+wealth+creation+seminars?openDocument
And this forum post:
http://au.answers.yahoo.com/question/index?qid=20080928011038AAxoYJT
I have never granted Jamie McIntyre or his associated company 21st Century Academy Pty Ltd any rights to carry on business in Australia using my trade mark or using any material from my website.
I have previously written to Mr. McIntyre requesting that he respect my trade mark rights in accordance with Australian law and discontinue his misleading and deceptive activities in attempting to undermine my reputation and damage my business. He has made it clear that he has no intention of so doing and has refused my offers of reconciliation.
Google
Recently Google became aware of Mr. McIntyre's unethical Google Adwords campaigns which appear designed to mislead and deceive the public as well as breach our registered trademark rights and pulled them down immediately. If you become aware of Jamie McIntyre or any of his associates bidding on our keywords - including our registered Australian trademark 'Think and Grow Rich' or my name 'Stuart Zadel'
- please notify us immediately and Google will act to prevent further improper and unethical behaviour by Mr. McIntyre.
Facebook
Recently Facebook became aware of Mr. McIntyre's unethical attempt to use their service as a means to launch and promote the illegal 'Think and Grow Rich Inc' Magazine which is in direct breach of our trade mark rights. Facebook immediately removed this content from their website.
If you become aware of Jamie McIntyre or any of his associates using Facebook or any other social media service and including our registered Australian trademark 'Think and Grow Rich' or my name 'Stuart Zadel'
- please notify us immediately and Facebook will act to prevent further improper and unethical behaviour by Mr. McIntyre.
Napoleon Hill Australia
During the past 6 months Jamie McIntyre has set up a new company Napoleon Hill Australia Pty Ltd and appointed himself as its CEO (although he refuses to put his name to any communications on its behalf). Through this company McIntyre claims he is the exclusive reseller in Australia for Napoleon Hill Associates based in Malaysia, claiming exclusive rights in Australia over certain branding including Think and Grow Rich. I have information that this is in fact false and his rights are limited to distributing Napoleon Hill books and materials.
In any event, McIntyre conveniently ignores the official Australian Trade Mark Register. My registered ownership of the trade mark Think and Grow Rich ® (reg. no. 1154604) in Australia provides an exclusive right to carry on business in Australia using the branding Think and Grow Rich® and defeats any attempt by Jamie McIntyre under the guise of “Napoleon Hill Australia” to sell licences in Australia using the Think and Grow Rich branding.
Furthermore, although he claims he represents the U.S. based Napoleon Hill Foundation in Australia, I understand that Jamie McIntyre has no authorisation or endorsement from Napoleon Hill Foundation to carry on Think and Grow Rich Seminars in Australia. He is simply attempting to feed off the success of my business.
At one of our recent events - on 20 March 2010 - McIntyre, under the guise of his new company 'Napoleon Hill Australia', arranged for misleading leaflets to be placed on the windscreens of over 300 attendees cars parked at our event. This behaviour, whilst cowardly and unethical, is also a clear breach of the Trade Practices Act for misleading and deceptive conduct by a competitor. Fortunately, this improper conduct on behalf of McIntyre was caught on CCTV film and has been forwarded to the ACCC.
Napoleon Hill Australia has no official endorsement or legal right to carry on any Think and Grow Rich ® business in Australia. It is an illegal operation and a scam.
Jamie McIntyre has no authority to use the Think and Grow Rich brand in Australia and he is not endorsed by me or in any way associated with my business. His behaviour is unethical and in breach of Australian law.
Be warned, if his employees or phone operators say I am associated with his business, believe me, I am definitely not. Any statement by Jamie McIntyre or anyone else in his business that I am in any way linked to his business is a lie and should be immediately reported to the ACCC here:
http://www.accc.gov.au/content/maintain/create/index.phtml?contentTypeItemId=9133&informationSpaceItemId=268347&inPop=1&returnUrl=.&type=Other
My recommendation is that you avoid dealing with Jamie McIntyre and any of his businesses (including Napoleon Hill Australia) to the extent he claims to be Think and Grow Rich ® endorsed.
I repeat that Jamie McIntyre is not associated with my Think and Grow Rich ® business and he is certainly not endorsed by me or by the Napoleon Hill Foundation in the United States to carry on Think and Grow Rich Seminars in Australia.
Litigation
I am presently considering my best strategy to put an end to Jamie McIntyre’s flagrant abuses of my trade mark rights and am in the process of preparing formal proceedings. This may end up before the Courts and in such case I will be seeking orders for compensation for the reckless damage inflicted by Jamie McIntyre and his associates on my business. This would also include an injunction order preventing him and his speakers as well as his affiliates and licensees from operating any business in Australia using the branding Think and Grow Rich.
I understand the ACCC has received a number of complaints about Jamie McIntyre’s conduct and business dealings and I expect that there will be a serious investigation of his current activities by the government regulatory body. This is likely to include his speakers, affiliates and licensees.
If you have any further information regarding Jamie McIntyre’s conduct or business dealings please email us at: info@thinkandgrowrich.com.au
The only legally endorsed Think and Grow Rich ® seminars in Australia can be found here www.TGRProperty.com.au and www.TGRCashflow.com.au
Stuart Zadel Director – Think and Grow Rich Pty Ltd (ACN 139 125 143)
24 March 2010
In response to Think and Grow Rich ® Trademark breaches by Jamie McIntyre
Updated as of the 16th of April 2010
You may be aware that a competitor, Jamie McIntyre of 21st Century Academy, has started spreading unfounded rumour and misrepresentations through the internet regarding my right to conduct Think and Grow Rich ® seminars. I am posting this document for the purpose of setting out the truth of the matter, particularly in light of the confusion generated in the minds of consumers, by Jamie McIntyre’s activities and the numerous enquiries I have received as to whether Jamie McIntyre is associated with my business.
Think and Grow Rich ® Trade Mark Rights
My company Think and Grow Rich Pty Ltd is the registered owner of the trade mark Think and Grow Rich® in Australia (registration no. 1154604).
I am therefore, under Australian law, through my companies (including Think and Grow Rich Pty Ltd) entitled to exclusively carry on the business of educating people about wealth generation strategies under this trade mark in Australia.
I have been conducting Think and Grow Rich ® seminars in Australia since 2007 and through this program I have educated approximately 15,000 people in the science of wealth generation. There are many people out there who have benefited enormously from these seminars and I intend to keep on providing this educational service through the Think and Grow Rich ® seminars.
Jamie McIntyre and 21st Century Academy
Jamie McIntyre is the principal of 21st Century Academy. He has recently started running seminars under the label Think and Grow Rich in the 21st Century. He has also commenced a campaign to confuse the public as to my right to use the brand Think and Grow Rich. His actions are in direct breach of my trade mark rights and it appears he has no respect for Australian law.
This comes as no surprise, as a simple google search reveals Jamie McIntyre’s extensive ASIC record. Here’s just one such official ASIC record:
http://www.asic.gov.au/asic/asic.nsf/byheadline/05-85+ASIC+action+stops+further+promotion+of+wealth+creation+seminars?openDocument
And this forum post:
http://au.answers.yahoo.com/question/index?qid=20080928011038AAxoYJT
I have never granted Jamie McIntyre or his associated company 21st Century Academy Pty Ltd any rights to carry on business in Australia using my trade mark or using any material from my website.
I have previously written to Mr. McIntyre requesting that he respect my trade mark rights in accordance with Australian law and discontinue his misleading and deceptive activities in attempting to undermine my reputation and damage my business. He has made it clear that he has no intention of so doing and has refused my offers of reconciliation.
Recently Google became aware of Mr. McIntyre's unethical Google Adwords campaigns which appear designed to mislead and deceive the public as well as breach our registered trademark rights and pulled them down immediately. If you become aware of Jamie McIntyre or any of his associates bidding on our keywords - including our registered Australian trademark 'Think and Grow Rich' or my name 'Stuart Zadel'
- please notify us immediately and Google will act to prevent further improper and unethical behaviour by Mr. McIntyre.
Recently Facebook became aware of Mr. McIntyre's unethical attempt to use their service as a means to launch and promote the illegal 'Think and Grow Rich Inc' Magazine which is in direct breach of our trade mark rights. Facebook immediately removed this content from their website.
If you become aware of Jamie McIntyre or any of his associates using Facebook or any other social media service and including our registered Australian trademark 'Think and Grow Rich' or my name 'Stuart Zadel'
- please notify us immediately and Facebook will act to prevent further improper and unethical behaviour by Mr. McIntyre.
Napoleon Hill Australia
During the past 6 months Jamie McIntyre has set up a new company Napoleon Hill Australia Pty Ltd and appointed himself as its CEO (although he refuses to put his name to any communications on its behalf). Through this company McIntyre claims he is the exclusive reseller in Australia for Napoleon Hill Associates based in Malaysia, claiming exclusive rights in Australia over certain branding including Think and Grow Rich. I have information that this is in fact false and his rights are limited to distributing Napoleon Hill books and materials.
In any event, McIntyre conveniently ignores the official Australian Trade Mark Register. My registered ownership of the trade mark Think and Grow Rich ® (reg. no. 1154604) in Australia provides an exclusive right to carry on business in Australia using the branding Think and Grow Rich® and defeats any attempt by Jamie McIntyre under the guise of “Napoleon Hill Australia” to sell licences in Australia using the Think and Grow Rich branding.
Furthermore, although he claims he represents the U.S. based Napoleon Hill Foundation in Australia, I understand that Jamie McIntyre has no authorisation or endorsement from Napoleon Hill Foundation to carry on Think and Grow Rich Seminars in Australia. He is simply attempting to feed off the success of my business.
At one of our recent events - on 20 March 2010 - McIntyre, under the guise of his new company 'Napoleon Hill Australia', arranged for misleading leaflets to be placed on the windscreens of over 300 attendees cars parked at our event. This behaviour, whilst cowardly and unethical, is also a clear breach of the Trade Practices Act for misleading and deceptive conduct by a competitor. Fortunately, this improper conduct on behalf of McIntyre was caught on CCTV film and has been forwarded to the ACCC.
Napoleon Hill Australia has no official endorsement or legal right to carry on any Think and Grow Rich ® business in Australia. It is an illegal operation and a scam.
Jamie McIntyre has no authority to use the Think and Grow Rich brand in Australia and he is not endorsed by me or in any way associated with my business. His behaviour is unethical and in breach of Australian law.
Be warned, if his employees or phone operators say I am associated with his business, believe me, I am definitely not. Any statement by Jamie McIntyre or anyone else in his business that I am in any way linked to his business is a lie and should be immediately reported to the ACCC here:
http://www.accc.gov.au/content/maintain/create/index.phtml?contentTypeItemId=9133&informationSpaceItemId=268347&inPop=1&returnUrl=.&type=Other
My recommendation is that you avoid dealing with Jamie McIntyre and any of his businesses (including Napoleon Hill Australia) to the extent he claims to be Think and Grow Rich ® endorsed.
I repeat that Jamie McIntyre is not associated with my Think and Grow Rich ® business and he is certainly not endorsed by me or by the Napoleon Hill Foundation in the United States to carry on Think and Grow Rich Seminars in Australia.
Litigation
I am presently considering my best strategy to put an end to Jamie McIntyre’s flagrant abuses of my trade mark rights and am in the process of preparing formal proceedings. This may end up before the Courts and in such case I will be seeking orders for compensation for the reckless damage inflicted by Jamie McIntyre and his associates on my business. This would also include an injunction order preventing him and his speakers as well as his affiliates and licensees from operating any business in Australia using the branding Think and Grow Rich.
I understand the ACCC has received a number of complaints about Jamie McIntyre’s conduct and business dealings and I expect that there will be a serious investigation of his current activities by the government regulatory body. This is likely to include his speakers, affiliates and licensees.
If you have any further information regarding Jamie McIntyre’s conduct or business dealings please email us at: info@thinkandgrowrich.com.au
The only legally endorsed Think and Grow Rich ® seminars in Australia can be found here www.TGRProperty.com.au and www.TGRCashflow.com.au
Stuart Zadel Director – Think and Grow Rich Pty Ltd (ACN 139 125 143)
24 March 2010
In response to Think and Grow Rich ® Trademark breaches by Jamie McIntyre