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Business Profile

Tour Operators

Kona Cloud Forest Guided Walking Tours

This business is NOT BBB Accredited.

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Complaints

Customer Complaints Summary

  • 1 complaint in the last 3 years.
  • 0 complaints closed in the last 12 months.

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The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

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  • Initial Complaint

    Date:06/05/2023

    Type:Sales and Advertising Issues
    Status:
    Unresolved
    Resolved:
    The complainant verified the issue was resolved to their satisfaction.
    Unresolved:
    The business responded to the dispute but failed to make a good faith effort to resolve it.
    Answered:
    The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
    Unanswered:
    The business failed to respond to the dispute.
    Unpursuable:
    BBB is unable to locate the business.
    This person is falsely using our address ******************************************************* as his place of business to make it appear that he is associated with **** Cloud Forest Sanctuary. He is not associated with **** Cloud Forest Sanctuary or doing tours anywhere in the **** Cloud Forest. He operates tours about 90 miles away. On Trip.com he uses our address and on other social media platforms. Additional information:He has advertised a book from the Avatar movie, and he is also selling merchandise with your name (he does this on most of his sites). **** Cloud Forest - Guided Walking Tours On the 808 website if you go to the about tab the way he words things makes it seem like he is the founder of the cloud forest. 808 ****** Tours He Selling more merchandise and using your likeness to promote himself on this site. **** Cloud Forest with ******************* - Take a tour with *******************! Rated the #1 Tour Guide for the past 7 years! (business.site) ************ page is full of troublesome things, he posted the trademark of the **** Cloud Forest on it on February 7th. (he has the secondary TM and it is now paused as we submitted a petition to cancel) This person was a guide at **** Cloud Forest Sanctuary for 2 years until that ended when Covid started. He was trained by my father *************************. His first visit to **** Cloud Forest Sanctuary was in 2017 - he came on a tour and asked ****** for a job. (20+) **** Cloud Forest - Guided Walking Tours | ******** His painted trees non-profit is clearly not a non-profit. ********************************** When he sent us the cease and desist letter and asked for $1.2 million, we set up an LLC to protect my dad. We couldnt register **** Cloud Forest Sanctuary because ***** had already done that when he saw the opportunity. So we registered **** Consciousness LLC and we DBA KCFS. **** Consciousness LLC has a sales agreement with KCFS/Normans living trust that transferred the business to **** Consciousness LLC.

    Business Response

    Date: 06/30/2023

    Today, I am speaking on behalf of our entire corporation/non profit foundation, Painted Trees of ****** & **** Cloud Forest.

    My name is *******************, CEO/President of Painted Trees of ****** and **** Cloud and all variations of the name. 
    We are current with all of our business filings on trademarks, trade names and service trademarks with the *************** and the ***** in **********, D.Cl.
    Since the creation of our corporation/non profit foundation we have never been sued nor have any liens been placed on our business. 
    We have been listed each year as a Business In Good Standing with the *************** since 2016. 

    The initial filing in ****** for our trade name was 2015, August 4th.

    Re: **** Consciousness, LLC  - Registered by *******************************, ***************************** and *************************** on 2022, June 20th in the ***************.

    Regarding their request to change our address: 
    We believe they have no legal right(s) and/or standing to ask for any changes to a business they do not own. 
    They have been running this ruse on our business for the past two years. 

    We will strongly defend our intellectual property, trademarks, trade names and service marks to the fullest extent of the law. 

    1.
    ************: I am attaching our court filing for the Motion to Dismiss.
    They made a claim to cancel my federal trademark name with the hopes of claiming it.
    Our Motion to Dismiss clearly states to the ***** (*****************************************) their claim to my trade name has no merit.
    We were told the final decision on their claim should be within two weeks.
    It appears anyone can claim anything and make it a court case.

    2.
    Business ********************************* of *******************************
    Painted Trees of ****** 
    **** Cloud Forest
    **** Cloud Forest Sanctuary
    Kona Cloud Forest Guided Walking Tours
    Service ************************************************************************************************************************** have attached a screenshot of my trade name registered with the ***************. This corresponds to the link in #2.

    4. 
    I have attached our 2023 *************** Certificate of Good Standing

    5.
    I have attached the *************************** et al filing that was REJECTED on 2022, August 13th. **** Cloud Forest Sanctuary, LLC
    I spoke with the **** / **** division in ****** and they said as long as they pay the filing fee they can apply. 
    They have applied for our trade name four times since ****, August 13th.
    Each time they have been declined by the **** / **** division in the ***************.

    6.
    ***** Trademark Certificate for **** Cloud Forest was officially registered on 2023, February 7th.
    **** Cloud Forest is now protected in **************************** and Territories which includes: **************, ********************************************, ******************************, ****, **************************************** and the *****************.

    It took two years to process our federal UPSTO trademark application. 
    The legal process was lengthy to make sure there were no prior trade name(s) listed as **** Cloud Forest. 

    ***
    Summary: 
    I believe this has no legal standing regarding our business. 
    Their claim(s) are not based on sound business practices. 

    I believe I have provided the information needed for you to make a prompt decision. 

    If you need more information and/or have questions please reply or call me directly at **************.

    I appreciate your time in this matter. 

    Please let me know what you have decided. 

    ******,
    *******************

    Customer Answer

    Date: 08/03/2023

    On behalf of *************************, **** Cloud Forest Sanctuary, **** Consciousness LLC, and **** Cloud Forest Sanctuary Trust Dated May 13, ****, we kindly request that ******************* remove the address **********************************************, from all places where he is using it through any of his business names, including his Instagram page "**** Cloud Forest" and all other places known and unknown. ******************* and all businesses that he is associated with are not associated with this address in any way. This is a personal residence, privately owned by ************************* and **** Cloud Forest Sanctuary Trust dated May 13, ****. **** ***************** has a legal document for the sale and transfer of the **** Cloud Forest Sanctuary tour business started by ************************* in ****, ****** created his first ****** URL for www.konacloudforest.com in **** sharing with the community the mission for **** Cloud Forest Sanctuary and the reforestation, educational, and botanical tours being offered on his privately owned property parcel number ***************. **** Consciousness LLC also has a legal agreement for the use of trails located at **************************************************. Together with *************************, **** ***************** and **** Cloud Forest Sanctuary request that ******************* stop using the address of *******************************************, ** and we request that ******************* remove pictures of ************************* and any reference of ************************* or any of his family members from his ******** page "**** Cloud Forest - Guided Walking Tours" - ******************* and all businesses he claims to own are not associated with ************************* or ***************************** address. All other issues outside of these requests are being handled separately and these requests are not part of a litigation case.

    Thank you,
    **** Cloud Forest Sanctuary/**** Consciousness LLC
    www.konacloudforest.com
    Facebook: **** Cloud Forest Sanctuary

Kona Cloud Forest Guided Walking Tours is NOT a BBB Accredited Business.

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