With well over a thousand MLM reviews published to date, for the most part the MLM companies I’ve reviewed have played fair.
Every now and then we run into a bad apple though, with today’s bad apple being Le-Vel.
BehindMLM
reviewed Le-Vel
over two years ago in December of 2013. I haven’t looked into the company since then, but it appears to be doing well.
As we do with all our reviews, a small (150×125) representation of Le-Vel’s logo was published with our article.
Not because it needed it, but out of aesthetic tradition. Typically when a publication reviews something, a visual of some sort is used to represent what is being reviewed.
As far as MLM companies go, I’ll usually use a small copy of their logo, management profile and snapshot of their product line if available.
I don’t claim these images as my own, nor do I seek to directly profit off them. They’re included to create a richer experience for BehindMLM’s readership – nothing more.
With no prior contact from Le-Vel management or their lawyers, today I received notification of a DMCA complaint filed by attorney Christopher Alan Schmidt.
Schmidt works for Universal Law Group and claims to “represent the legal interests and rights” of Le-Vel. The DMCA complaint accordingly lists a return email address belonging to Le-Vel’s compliance department.
In the past I’ve responded with the handful of DMCA complaints we’ve received by
filing a counter-notification
. In the US, use of images with respect to reviews are well-established as protected under the
Fair Use doctrine
.
Our use of Le-Vel’s logo is non-commercial. BehindMLM is a blog that offers readers free information and nothing more.
The use of Le-Vel’s logo is “transformative” in that we shrink down to fit a 525 pixel width text column. The logo itself is not central to the review, nor is it a focal point.
BehindMLM took Le-Vel’s logo and transformed it into a simple visual indicator to represent that our Le-Vel review discussed Le-Vel, as we do with all our published reviews (1500+ and counting).
Our use of the Le-Vel logo also has no bearing on its value, nor that Le-Vel’s ability to use the logo themselves. Nobody in their right mind is going to visit BehindMLM to read an article titled “Le-Vel Review: Lifestyle capsules and patches” and mistake it for the Le-Vel website itself.
That said, I’m not a lawyer. But after consultations with them over the years, it is my understanding that this is the legal advice Le-Vel
should
have received before filing their complaint.
Testament to this is the fact that, of the handful of DMCA complaints we’ve received over the years, from memory this is only the second filed by a company. The other two or three were filed by individuals who, as was painfully obvious, failed to consult an attorney prior to filing.
None of that however prevents Le-Vel from filing a DMCA complaint anyway, which is what they’ve gone ahead and done.
In any event I’ve decided that, rather than file a cou
🤖 Quick Answer
What legal action did Le-Vel take against BehindMLM?Le-Vel filed a bogus DMCA (Digital Millennium Copyright Act) claim against BehindMLM regarding the publication of a small 150×125 pixel representation of the company's logo in a review article originally published in December 2013.
Why did BehindMLM include Le-Vel's logo in their review?
BehindMLM included a small copy of Le-Vel's logo as part of standard editorial practice when reviewing companies, following aesthetic tradition and providing visual representation of the subject being reviewed.
What is BehindMLM's general approach to MLM company reviews?
BehindMLM publishes MLM company reviews utilizing small logo copies, management profiles, and product line snapshots when available, maintaining editorial standards across over a thousand published reviews.
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