States against network unregistered

Respondents agreed to cease and desist from violating the Franchise Investment Protection Act and the Securities Act of Washington. The Respondents agreed to pay investigative costs of $2,000 and waived their right to a hearing and judicial review of the matter.

24XploitTrade – S-21-3099-21-SC01 – Statement of Charges

On October 6, 2021, the Securities Division issued a Statement of Charges and Notice of Intent to Enter Order to Cease and Desist, Impose Fines, and Charge Costs (Statement of Charges) against Respondent 24XploitTrade.

The Statement of Charges alleges that 24XploitTrade defrauded a Washington resident by falsely claiming that its cryptocurrency trading program could earn returns of 930% in one week, then refusing the Washington resident to withdraw their purported earnings unless they paid 20% of the amount upfront as a withdrawal fee.

States act against celsius network for unregistered products

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Respondents have the right to request judicial review of the Final Order.

Donald Logan – S-19-2632-20-CO01 – Consent Order

On March 17, 2021 the Securities Division entered into a Consent Order with Donald Logan (“Logan”) (CRD no. 5537486) to settle a Statement of Charges the Division had entered against Logan, who was registered with the Division as a securities salesperson and investment adviser representative of two firms from 2008 to 2018. Logan is not currently registered with the Division. In the Statement of Charges, The Division alleged that Logan engaged in unethical conduct by exercising unauthorized discretion over clients’ accounts, and by misusing client forms.

The Respondents each have the right to request judicial review of the Final Order.

Pelicana F&B Management, Inc. d.b.a. Pelicana Chicken USA. – S-21-3160-21-CO01 – Consent Order

On August 5, 2021, the Securities Division entered into a Consent Order with Pelicana F&B Management, Inc. d.b.a. Pelicana Chicken USA (“Respondent”). The Securities Division alleged that the Respondent offered and/or sold an unregistered franchise to operate a Pelicana Chicken restaurant to a Washington resident.
The Securities Division alleged that the Respondent misrepresented material facts when it stated in its Franchise Disclosure Document that it did not make any representations about a franchisee’s future financial performance or the past financial performance of company-owned, affiliate-owned or franchised Pelicana Restaurants.

Ongoing investigations into Russian meddling in the 2016 U.S. presidential election have led to increased scrutiny of foreign outlets operating in the United States. The U.S. Justice Department recently ordered RT, the Russian state-backed English-language news organization, to register as a foreign agent under the Foreign Agents Registration Act.

But one of China’s biggest government-controlled news outlets has not registered its Washington operation as a foreign agent.

In 2012, China Central Television (CCTV), the Chinese state broadcaster, launched an an English-language affiliate headquartered in Washington. CCTV America — recently rebranded as CGTN America —has been describedas an attempt by China to spread its soft power globally.

Its coverage of U.S.
domestic issues is professional and not clearly slanted in one direction or another.

The Securities Division alleged that in approximately June 2018, Brian solicited an investor to invest $35,000 in pre-ICO Symboli tokens that Brian represented that he personally owned and held in his crypto wallet, and that the investor could sell in approximately one month for a significant profit. In fact, Brian never held any Symboli tokens, as they never finished development. The Division further alleged that in December 2018, the Symboli token offering was advertised via general solicitation on the internet, including to Washington residents.
The Securities Division alleged that the Respondents offered unregistered securities and violated the anti-fraud provision of the Securities Act of Washington.
By entering into the Consent Order, SwimLabs neither admits nor denies the Division’s allegations made in the Consent Order, and agrees to cease and desist from violating the Act and to pay investigative costs of $500. SwimLabs also waived its right to an administrative hearing on and judicial review of this matter.

Tryp Technologies Inc. and Robert John McNulty, a.k.a. Bob McNulty – S-19-2791-21-SC01 – Statement of Charges

On May 17, 2021, the Securities Division entered a Statement of Charges and Notice of Intent to Issue an Order to Cease and Desist, Impose Fines, and Charge Costs against Tryp Technologies Inc.
and Robert John McNulty, a.k.a. Bob McNulty (collectively “Respondents”). The Securities Division alleges that the Respondents offered unregistered securities and violated the anti-fraud provision of the Securities Act of Washington.

The Securities Division alleged that CMA and Richardson violated the Securities Act of Washington and its accompanying regulations by (a) conducting trades at the unknown actor’s direction without actual client instructions to do so, and (b) failing to establish adequate written physical and cybersecurity policies and procedures relating to verification of client identities in response to unsolicited emails. In the Consent Order, CMA and Richardson neither admitted nor denied the Securities Division’s Findings of Fact and Conclusions of Law, but agreed to cease and desist from violating the Securities Act, and to pay a fine of $3,000 and investigative costs of $2,000.
If Respondents are part of any future offering in Washington, they must conduct such securities offerings to Washington residents only through Securities Division licensees and must, before doing so, provide to the Securities Division updated policies and procedures demonstrating sufficient processes designed to reasonably ensure compliance with the Securities Division’s Consent Order.

Respondents agreed to pay a total of $263,525.00 in fines and investigative costs and waived their rights to a hearing and judicial review of the matter.

SwimLabs & Rehab Holding Company, Inc. – S-21-3104-21-CO01 – Consent Order

On May 17, 2021, the Securities Division entered a Consent Order against SwimLabs & Rehab Holding Company, Inc. (“SwimLabs”).

Lanham Act or other federal law.

Being the first person to file an application to register a trademark does not guarantee that you will get priority over the trademark. Instead, the date on which a mark was first used determines the right of priority to the mark. This means that you can get trademark rights limited by territory even if you are a tiny, lesser-known business with an unregistered trademark. However, the filing date of a registration is considered constructive use of a mark, and it gives priority over a later date of actual common law use in commerce if the registration application results in a registration.

Benefits of Registering a Trademark

The laws surrounding unregistered marks are derived from principles of unfair competition or unfair business.

In late 2011, just ahead of the channel’s American launch, CCTV signed a $15,000-a-month contract with Ogilvy Public Relations to “communicate to the American public that CCTV America will provide compelling, comprehensive, and balanced news programming from an Asian perspective that is relevant to a global audience.”

In forms filed with the Justice Department in 2012, Ogilvy said CCTV America was supervised, owned, directed, controlled, financed, and subsidized by a foreign principal. “CCTV falls under the supervision of the State Administration of Radio, Film, and Television, which is in turn subordinate to the State Council of the People’s Republic of China,” Ogilvy said in its FARA filing.

The Securities Division intends to order the Respondent to cease and desist from violating the Securities Act of Washington and gives notice of its intent to impose a fine and to charge costs. The Respondent has a right to request a hearing on the Statement of Charges.

A Final Order was entered regarding this matter on November 9, 2021.

Jacqueline Jacobsen – S-20-2932-21-CO01 – Consent Order

On October 12, 2021, the Securities Division (the “Division”) entered into a Consent Order with Jacqueline Jacobsen to settle a previous enforcement order (Statement of Charges and Notice of Intent to Enter Order to Cease and Desist, to Charge Costs, to Impose a Fine, and to Suspend Registrations, order number S-20-2932-21-SC01; the “Statement of Charges”) that the Division entered on June 1, 2021.

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