At 3 PM EST last Friday (8 Oct 2004) fake snakebusters and their agents were summonsed to the Federal Court in Sydney (court 23D) in relation to a series of horrific snake "documentaries" being shown on "Discovery Channel" via carriers such as Foxtel, Optus and Austar at the moment. In a long judgement made on 8 October and subsequently published by the judge, he found that there was a prima facie case against the film company and their agents and he allowed the case to continue. The judge also noted that monetary damages payable to Hoser were the appropriate means of remedy (as opposed to an injunction) and ordered profits from the "documentaries" obtained by Prospero be put into a so-called frozen account pending the conclusion of the court case. The judge also gave permission to Hoser's side to lodge a full damages claim, which is currently being prepared by Hoser's legal team and (in draft form) already been served on several parties including outlaw snakebuster Bruce George, film company Prospero, Foxtel, Optus and the Discovery Channel. Other agents and/or carriers were effectively notified of the claim prior to 8 October (in writing by Hoser and/or agents), including their liability and other parties have also since been formally joined in the litigation currently afoot.
Illegally using the Snakebuster trademark, a shonky film company in WA, named Prospero, have scammed several hundred thousand dollars in government hand-outs and produced a series of 13 raunchy doco-dramas featuring self-confessed outlaw snake catcher Bruce George (of WA) and friends inflicting gross cruelty on snakes.
Footage in the programs includes inoffensive snakes being grabbed with potentially back-breaking metal tongs and other improper implements.
Harmless snakes are effectively crash-tackled in headlocks and the images are distressing indeed.
The whole emphasis of the show is dangers posed by snakes, including by kinds that are clearly harmless or of little real risk.
The WA film company Prospero and it's management have a long track-record of dishonesty and unethical conduct. In this case the company used the snakebusters trademark, owned by internationally regarded zoologist Raymond Hoser, without authorization and after they had been repeatedly told not to do so to scam income of over 2 million dollars by impropely using the Hoser trademark. This income is income that Hoser should have derived.
At 3 PM at court 23D of the Sydney federal Court, Hoser and his company's lawyers sought an injunction preventing further screening of the 13 so-called documentaries. This part of the case has been adjourned to 26 October. Businesses and individuals owning trademarks are watching this case closely as their own intellectual property is at risk, if the court fails to support the trademark owner and/or fails to properly punish those who have breached it.
These "The snake buster" programs have been showing on Foxtel, Optus and other carriers of the "Discovery Channel" for the past fortnight and the third of 13 planned 1/2 hour shows is due to screen within days if not already.
Further details in terms of other depicted cruelty, misinformation, misrepresentations and the like in the programs is available from snakebusters (Raymond Hoser) on Melbourne 03 98123322, or simply by obtaining a copy of the video programs.
Hoser is seeking immediate destruction of the films, not just on the basis of trademark issues and related matters, but also on the basis of the serious misinformation and cruelty depicted.
Hoser said today "These programs are anti-snake, anti-conservation and as one who has worked at the forefront of conservation for three decades, I cannot allow my good name and trademark to be associated with this ratbaggery."
Hoser has authored nine books, including the definitive "Australian Reptiles and Frogs" (1989), "Endangered Animals of Australia" (1991), Smuggled:The Underground Trade in Australia's Wildlife" (1993), Smuggled-2 (1996) and others.
Hoser has previously appeared on National TV, newspapers and the like as "The snakebuster" and "snakebusters", both of which he has registered as trademarks for some time and predate any plans by Prospero to make any such films. He had been involved with Sydney film maker Ramsay Films making a series of documentaries including his work as snakebuster for some time prior to the release of the Prospero films and before that company first approached him to licence use of the trademark. This had included filming of snake removal calls and operations in Melbourne the previous summer as well as obtaining footage of mating snakes and other related images.
Snakebusters, operating for many years and a household name across Australia will at a later time be seeking further damages in terms of the misuse of it's trademark and name.
On Friday, in a lengthy judgement, the sitting judge gave company Prospero a bucket-load effectively noting that they had no defence for their illegal conduct.
Their accounts have now been quarantined including all profits from the films and the company must deliver up to the court profit and income statements.
It is likely that Foxtel and others will now also cross-claim against the rogue film company.
The judge also found that Raymond Hoser had also probably been defamed. This has since become evident with the screening of the third program in the series where Bruce George effectively masquerades as Hoser by claiming discovery of the Death Adder species from Mount Isa, formally named by Hoser in a journal way back in 1998. George makes a complete fool of himself in the film, the result being that Hoser is seriously defamed.
The (self admitted) criminal past of Bruce George would have also precluded him from ever being licenced to masquerade as a snakebuster. For the record, on 7 January 1999, the West Australian wildlife authority, CALM did their biggest ever bust for illegally held and illegally trafficked reptiles. That is smuggling offences.
The three criminals (later found guilty in court), were BRUCE DOUGLAS GEORGE (now falsely masquerading as the snake buster), Brad Maryan and Russell Brown. The West Australian newspaper reported two days after the raids on three separate properties that, "In it's biggest raid, the Department of Conservation and Land Management has seized more than 70 illegally held reptiles from homes in suburban Perth…"
As noted, George and Maryan admitted to criminal activity in an article they co-wrote for the magazine Herpetofauna the year before and so the more recent raid wasn't unexpected.
In fact it was inevitable.
We don't have the full results of the criminal trials, save for Maryan, who pled guilty to wildlife trafficking charges and was fined a total of $3807 (but no conviction recorded) on 27 Jan 2000, being the last of the trio to face final court hearing. It is believed that George pled guilty and was let off with a bond as it was his first offence, him being charged with 2 counts over the one raid. This is in line with Maryan, and it is uncertain if he too also paid the prosecution's costs, his hearing being on a separate date.
The trademark violation case continues in the Sydney Federal Court on October 26 in front of Justice Hill and media should keep a close watch on it and report widely.
Of note to Melbourne (Victoria) persons is that at least two individuals known to be dishonest or involved in illegal activity in the past have been masquerading as "Snakebusters" in Melbourne and without authorization by Raymond Hoser, the trademark owner. One man, Alex Krstic, was in a past life, a policeman accused of bashing old ladies during the Richmond Secondary College protests in the 1990's. This is detailed in the book "Victoria Police Corruption". He appeared on the first "snake buster" program as a Melbourne snake-buster. He is not authorised by Raymond Hoser and would not be on the basis of probity issues and an obvious lack of experience with reptiles as seen by his on-screen amateurish methods of handling. This man is not a snakebuster and people should be advised that he has no licencing from Hoser to use the name.
A second individual, Simon Watharow, has also masqueraded as being endorsed by Raymond Hoser and snakebusters, including on his own unlicenced website. He is not.
Watharow has a habit of bootlegging other people's intellectual property, even going so far as to rehash other people's published material (reptile articles) and to resubmit similar articles to other magazines and to pretend the work is wholly his, when it is not. In another instance he took photos of a business rival's goods (the snakepit of Federico Rossignolli, of "Australian Nature Live"), and then put it on his own website, claiming the pit was his and that he could provide it to potential snake show clients. This was a lie. At the time the photos were taken Watharow was not a licenced reptile demonstrator and the show event depicted was not his event as claimed on his website, but Rossignolli's.
Watharow's own work is generally shoddy and his experience with reptiles is, by his own admissions, very limited. As a result, he could not be licenced by Raymond Hoser to use the snakebusters trademark on the basis of his lack of honesty and a serious lack of experience with reptiles.
As a result of these matters and the cruelty issues on the TV broadcasts, Raymond Hoser and snakebusters issues a warning against persons either masquerading as snakebusters when they are not, and/or illegally trading on our good name built up over many years. If in doubt, check directly with Raymond Hoser and snakebusters at the contact details below.
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