February 6, 2017 Sent via Internet and U.S.

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Ripoff Report
Attn: Legal Department
PO Box 310
Tempe, AZ 85280
legal@ripoffreport.com

Request to Permanently Delete Ripoff Report Review 1335542

Dear Ripoff Report Legal Team:

Our law firm represents Zarin Medical, LLC; Jeffrey Knight; and Lee Pannell. On
November 22, 2016, they sued Matthew Rousso, a Colorado resident, in the District Court for
the District of Mesa County, Colorado. They brought claims against him for copyright
infringement (17 U.S.C. 106 and 501), false advertising under the Lanham Act (15 U.S.C.
1125(a)(1)(B)), and trade secret misappropriation (C.R.S. 7-74-102103).
The lawsuit alleged Mr. Rousso violated our clients intellectual property rights under
federal and state statutes when he used Ripoff Reports corporate resources, in violation of its
Terms of Service, to unlawfully send Ripoff Report information that Ripoff Report then
published via its Webpage for Review 1335542 (Webpage). See Exhibit 1 Verified Complaint,
Zarin Medical et al v. Rousso, Mesa County District Court Case 2016CV30832. The Webpages
uniform resource locator is http://www.ripoffreport.com/r/Zarin-Medical-LLC/Knoxville-
Tennessee-37934/Zarin-Medical-LLC-Zarin-Medical-Piqo4Naturalase-QS-2JFocus-Medical-
LaserJeff-NightLee-Pa-1335542. Id.
On November 30, 2016, Mr. Rousso, who was represented by an attorney, filed his
Answer. See Exhibit 2 Answer, Zarin Medical et al v. Rousso, Mesa County District Court Case
2016CV30832. Mr. Rousso confessed all our clients allegations and admitted he had violated
their intellectual property rights under federal and state statutes when he sent Ripoff Report
information he had no legal right to publish and caused Ripoff Report to publish the Webpage.
Id.
On December 26, 2016, the Court entered an Order after hearing from all parties. See
Exhibit 3 Order Entering Injunction, Zarin Medical et al v. Rousso, Mesa County District Court
Case 2016CV30832. The Court ruled that Mr. Rousso violated our clients intellectual property
rights under federal and state laws when he unlawfully sent Ripoff Report information he had no
legal right to publish and caused Ripoff Report to publish the Webpage. Id.
No appeals were filed. The deadline to appeal the Courts December 26, 2016, Order has
passed.
Its our understanding that Ripoff Report will not allow Mr. Rousso to unilaterally delete
the Webpage containing content he unlawfully sent to Ripoff Report.
The Communications Decency Act states nothing in this section shall be construed to
limit or expand any law pertaining to intellectual property. 47 U.S.C. 230(e)(2).
My clients request that Ripoff Report permanently delete the Webpage so they will stop
suffering damages arising from Mr. Roussos unlawful publications to Ripoff Report and his
unlawful uses of Ripoff Reports corporate resources, which caused past and ongoing violations
of their intellectual property rights.

Sincerely,

Edward C. Hopkins Jr., Esq.

ehopkins@hopkinsway.com

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Exhibit 1

 DISTRICT COURT, MESA COUNTY
STATE OF COLORADO
125 North Spruce, Ste 210 DATE FILED: November 22, 2016 2:03 PM
P.O. Box 20000-5030 FILING ID: 6C5C5D65AF60D
CASE NUMBER: 2016CV30832
Grand Junction, Colorado 81502 COURT USE ONLY
Plaintiffs: ZARIN MEDICAL, LLC, a Tennessee Limited
Liability Company, JEFFREY A. KNIGHT, and LEE
PANNELL, Case No:

v.
Division:
Defendant: MATHEW ROUSSO
Edward C. Hopkins Jr., #43298
HopkinsWay PLLC
7900 E. Union Ave., Ste. 1100
Denver, CO 80237
ehopkins@hopkinsway.com
Attorney for Plaintiffs
VERIFIED COMPLAINT

Plaintiffs Zarin Medical, LLC (Zarin), Jeffrey A. Knight (Knight), and Lee Pannell

(Pannell) bring this Complaint against Defendant Matthew Rousso (Rousso). They allege

as follows upon personal knowledge as to themselves and their own acts and experiences, and, as

to all other matters, upon information and belief.

PARTIES, JURISDICTION AND VENUE

1. Rousso resided, worked, or transacted business in Grand Junction County, Colorado

during the past year and still resides there.

2. Zarin is a Tennessee limited liability company.

3. Knight and Pannell co-own Zarin and reside outside the State of Colorado.

4. This Court has subject matter jurisdiction over this cases causes of action under Sections

6 and 9, Article VI of the Colorado Constitution.

5. This Court has personal jurisdiction over this cases parties under C.R.S. 13-1-124.

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6. Venue for this action is proper in this Court under C.R.C.P. 98(c)(1).

FACTUAL BACKGROUND

7. Rousso is Zarins former prospective client or former prospective business partner.

8. Ripoff Report is an Arizona company that conducts business online throughout the U.S.

9. Ripoff Report publishes via the Internet disparaging statements its users authored about

other individuals or businesses, without first verifying whether those statements are true or false

or unlawful or illegal.

10. Ripoff Report maintains and offers services to its users and readers via the website

www.ripoffreport.com.

11. On or prior to October 28, 2016, Rousso created a user account with Ripoff Report.

12. When Rousso created his user account, he agreed to abide by Ripoff Reports Terms of

Service (Terms of Service).

13. The Terms of Service by which Rousso agreed to abide was last updated on July 26, 2016.

14. Section 2 of the Terms of Service states: You will NOT post any defamatory or illegal

material or any material that infringes or violates another partys intellectual property rights.

15. Section 2 of the Terms of Service states: You will NOT post, distribute or reproduce in

any way any copyrighted material, trademarks, or other proprietary information without

obtaining prior written consent of the owner of such proprietary rights except as otherwise

permitted by law.

16. Section 5 of the Terms of Service states:

Removal of Information at Users Request

ROR is a permanent record of disputes, including disputes which have been fully
resolved. In order to maintain a complete record, information posted on ROR,

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 subject to the Terms outlined herein, will not be removed. By posting information
on ROR, you understand and agree that the material you post will become part of
RORs permanent record and will NOT be removed even at your request.

17. On or about October 28, 2016, while he was in Colorado, Rousso published Ripoff Report

Complaint Review Number 1335542 (Review 1335542) against Zarin Medical, LLC via the

Ripoff Report website.

18. Review 1335542 is titled: Zarin Medical, LLC Zarin Medical Piqo4Naturalase QS

2JFocus Medical LaserJeff NightLee Pannell Claiming complete all color tattoo removal +

promised approved deal/financed, deceptive and very misleading, dragged me thru 3+ weeks of

torment Knoxville Tennessee.

19. Review 1335542s unit resource locator or webpage address is:

http://www.ripoffreport.com/r/Zarin-Medical-LLC/Knoxville-Tennessee-37934/Zarin-

Medical-LLC-Zarin-Medical-Piqo4Naturalase-QS-2JFocus-Medical-LaserJeff-NightLee-Pa-

1335542.

20. Rousso also uploaded and added an attachment to Review 1335542 (Attachment).

21. The Attachment contains Zarins copyrighted material, proprietary information or trade

secrets, or registered trademark, all forms of Zarins intellectual property.

22. The Attachment contains four pages. The first three pages are pages from a three-page

form contract Zarin authored. The fourth page of the Attachment is a copy of an invoice for a

third party. The invoice contains Zarins trade secrets and trademark.

23. Before October 28, 2016, Zarin disclosed the documents in the Attachment to Rousso

only after Rousso had promised he would not show these documents to third parties.

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24. Before Rousso published the documents in the Attachment via the Internet, Rousso had

promised Zarin he would not show these documents to third parties.

25. Zarin did not authorize Rousso to disclose the documents in the Attachment to any third

parties.

26. The documents in the Attachment were not made available to the public before Rousso

uploaded them as the Attachment to Review 1335542.

CAUSES OF ACTION

I. Trade Secret Misappropriation (C.R.S. 7-74-102103)

27. This cause of action incorporates all of this Complaints allegations of fact.

28. Zarin brings cause of action.

29. The Attachment to Review 1335542 that Rousso published with Attachment to Review

1335542 contains at least one document that Zarin created and to which Zarin has exclusive

ownership rights.

30. That document contains Zarins confidential business or financial information or other

information relating to Zarins business or profession that is secret and of value.

31. By obtaining Roussos advanced assurance that he would not publish the document to

third parties, Zarin took measures to prevent the secret from becoming available to persons other

than those selected by the owner to have access thereto for limited purposes.

32. As a direct result of Roussos publication of Review 1335542 and at least one of the

documents in the Attachment to Review 1335542, Zarin, Knight, and Pannell will suffer special

and actual damages for which injunctive relief is the only permanent remedy.

II. Lanham Act Violation (15 U.S.C. 1125(a)(1)(B))

33. This cause of action incorporates all of this Complaints allegations of fact.
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34. Zarin, Knight, and Pannell bring cause of action.

35. Rousso published false or misleading or representations of fact in Review 1335542 to

persuade consumers to buy less of Zarins, Knights, and Pannells goods and services.

36. People who live inside and outside the State of Colorado read or will read Review 1335542

online and their buying decisions were or will be materially affected as a direct result.

37. As a direct result of Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542, Zarin, Knight, and Pannell will suffer special and actual damages

for which injunctive relief is the only permanent remedy.

III. Copyright Infringement (17 U.S.C. 106 and 501)

38. This cause of action incorporates all of this Complaints allegations of fact.

39. Zarin brings this cause of action.

40. Review 1335542 or the documents in the Attachment to Review 1335542 contain original

literary works Zarin authored for which Zarin owns exclusive rights.

41. As a direct result of Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542, Zarin will suffer special and actual damages for which injunctive

relief is the only permanent remedy.

42. Zarin is entitled to permanent injunctive relief to prevent continued infringement.

IV. Injurious Falsehood (Teilhaber Mfg. Co. v. Unarco Materials Storage, 791 P.2d 1164
(Colo. App. 1989))

43. This cause of action incorporates all of this Complaints allegations of fact.

44. Zarin, Knight, and Pannell bring this cause of action.

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45. Under Colorado law, [a] statement is defamatory of a person if it tends to harm the

persons reputation by lowering the person in the estimation of at least a substantial and

respectable minority of the community. CJI-Civ. 22:8.

46. The false or misleading statements Rousso published in Review 1335542 were defamatory

and injurious of Zarin, Knight, and Pannell because they impugned Zarins, Knights, and

Pannells business practices and caused reasonable people who read the statements to doubt the

quality of Zarins, Knights, and Pannells goods and services.

47. Reasonable people who read or heard about the statements Rousso published in Review

1335542 interpreted the statements as impugning Zarins, Knights, and Pannells business

practices and calling the quality of their goods and services into doubt.

48. Rousso disregarded the veracity of the statements he published in Review 1335542 when

he published them.

49. Rousso intended for the readers of Review 1335542 to buy less of Zarins, Knights, and

Pannells goods or services.

50. As a direct result of Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542, Zarin, Knight, and Pannell will suffer special and actual damages

for which injunctive relief is the only permanent remedy.

RELIEF REQUESTED

WHEREFORE, Zarin, Knight, and Pannell pray for:

a. a judgment entering the following findings of fact and rulings of law:

i. Rousso published Review 1335542 and the documents in the Attachment

to Review 1335542;

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ii. Statements published via Review 1335542 and the documents in the

Attachment to Review 1335542 entailed false or misleading facts about

Zarin, Knight, and Pannell that impugned their business practices and

caused reasonable people who read the statements to doubt the quality of

their goods and services;

iii. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins legal rights under the

Colorado Uniform Trade Secrets Act (C.R.S. 7-74-101110);

iv. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins legal rights under United

States trademark law, specifically 15 U.S.C. 1125(a)(1)(B);

v. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins legal rights under United

States copyright law, specifically 17 U.S.C. 106 and 501; and

vi. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins, Knights, and Pannells

legal rights under Colorados law of injurious falsehood, adopted in

Teilhaber Mfg. Co. v. Unarco Materials Storage, 791 P.2d 1164 (Colo. App.

1989); and

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 b. an order that will

i. permanently enjoin Rousso from publishing any statements that are the

same as or similar to the statements published in Review 1335542 and the

documents in the Attachment to Review 1335542;

ii. permanently enjoin Rousso from publishing any of the documents

published in the Attachment to Review 1335542; and

iii. inform all companies who conduct business in the United States via the

Internet they will not violate or infringe Roussos legal rights under the

laws of Colorado or the United States if they de-list, de-index, or delete

from their websites or webpages statements that are the same as or similar

to the statements Rousso published in Review 1335542 or the documents

in the Attachment to Review 1335542.

Dated November 22, 2016,

By: s/ Edward C. Hopkins Jr.

Edward C. Hopkins Jr.

HopkinsWay PLLC
7900 E. Union Ave., Ste. 1100
Denver, CO 80237
Telephone: (720) 262-5545
Email: ehopkins@hopkinsway.com
Attorney for Plaintiffs

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November 21, 2016
 CERTIFICATE OF SERVICE

I certify that on November 22, 2016, a true and correct copy of the foregoing document
was electronically filed and served via ICCES or e-mail to the following:

Harry A. Tucker Jr., #7397

Harry A. Tucker Jr., Attorney at Law
2478 Patterson Rd., Ste. 22
Grand Junction, CO 81505
Phone: (970) 245-8006
Fax: (970) 241-9476
Email: mesacocolo@msn.com
Attorney for Defendant Matthew Rousso

By: s/ Edward C. Hopkins Jr.

Edward C. Hopkins Jr.

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Exhibit 2

DATE FILED: November 30, 2016 9:29 PM
FILING ID: 4D6509AD8A0E3
CASE NUMBER: 2016CV30832


Exhibit 3

DISTRICT COURT, MESA COUNTY

STATE OF COLORADO
125 North Spruce, Ste 210
P.O. Box 20000-5030
Grand Junction, Colorado 81502 COURT USE ONLY
Plaintiffs: ZARIN MEDICAL, LLC, a Tennessee Limited
Liability Company, JEFFREY A. KNIGHT, and LEE
PANNELL, Case No: 2016CV030832

v.
Division: 9
Defendant: MATHEW ROUSSO

ORDER ENTERING INJUNCTION

Pursuant to Rule 65, Colorado Rules of Civil Procedure, and the stipulation of the

parties, and, therefore, good cause appearing, IT IS ORDERED, ADJUDGED AND

DECREED that:

1. This Court finds and rules:

a. Defendant Matthew Rousso (Rousso) published Ripoff Report Complaint

Review Number 1335542 (Review 1335542) against Zarin Medical, LLC

via the Ripoff Report website www.ripoffreport.com;

b. Rousso also uploaded and added an attachment to Review 1335542

(Attachment);

c. Review 1335542s unit resource locator or webpage address

is: http://www.ripoffreport.com/r/Zarin-Medical-LLC/Knoxville-Tennessee-

37934/Zarin-Medical-LLC-Zarin-Medical-Piqo4Naturalase-QS-2JFocus-

Medical-LaserJeff-NightLee-Pa-1335542;

d. Statements Rousso published via Review 1335542 and the documents in

the Attachment to Review 1335542 entailed false or misleading facts

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 about Plaintiff Zarin Medical, LLC (Zarin), Plaintiff Jeffrey A. Knight

(Knight), and Plaintiff Lee Pannell (Pannell) that impugned Zarins,

Knights, and Pannells business practices and caused reasonable people

who read the statements to doubt the quality of their goods and services;

e. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins legal rights under the

Colorado Uniform Trade Secrets Act (C.R.S. 7-74-101110);

f. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins legal rights under United

States trademark law, specifically 15 U.S.C. 1125(a)(1)(B);

g. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins legal rights under United

States copyright law, specifically 17 U.S.C. 106 and 501; and

h. Roussos publication of Review 1335542 and the documents in the

Attachment to Review 1335542 violated Zarins, Knights, and Pannells

legal rights under Colorados law of injurious falsehood, adopted in

Teilhaber Mfg. Co. v. Unarco Materials Storage, 791 P.2d 1164 (Colo.

App. 1989).

2. Unless he has already attempted to do so, Rousso shall take reasonable steps to

permanently remove Review 1335542 and the Attachment from the Internet if he is able

to remove them without obtaining approval from Ripoff Report.

3. In the event Rousso is unable to remove the webpages or the statements without

obtaining approval from Ripoff Report, Zarin or Knight or Pannell or any of them may

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submit this Order to Google, Bing, Metacrawler, Yahoo!, Ask.com, Aol, Dogpile, and any

other Internet Search Engine, so that the applicable webpage can be removed, de-

listed, and de-indexed from all search engine results in accordance with the policies of

the search engine company.

4. This Court shall retain jurisdiction to the extent it is necessary to amend this

Order.

5. This Court finds there is no evidence that Rousso will suffer damages due to this

injunction, therefore, the Court does not require Zarin, Knight, or Pannell to pay a

security under C.R.C.P. 65(c).

Dated this 26th day of December 2016.

BY THE COURT

Lance Phillip Timbreza

District Court Judge