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Tabberone is pronounced tab ber won
not tay ber own

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Last updated March 14, 2009

Affidavit

Affidavits have a similar front page as other pleadings.

These statements are some of the ones we used when we sued Chalk & Vermilion Fine Arts & Sevenarts (excerpted):

Affidavit of Karen Dudnikov

I, Karen Dudnikov, declare and state:

1. I am one of the Plaintiffs in the case. I am submitting this declaration in support of Plaintiffs' Motion For Summary Judgment (“The Motion”). Unless otherwise stated herein, I have personal knowledge of the facts stated in this declaration and if called upon by a court of law to do so, I could and would testify competently to them.

2. I have been sewing for myself since 1967 and for sale since 1998. I sell fabric items, collectibles and other items on eBay, the internet auctions site, under the user name Tabberone and occasionally under other eBay user names. I also sell fabric items and collectibles on my internet web site, www.tabberone.com.

Etc, etc, etc.

10. On December 2, 2005, Defendant Chalk & Vermilion Fine Arts (“CVFA”), acting on behalf of Defendant Sevenarts, transmitted to eBay a Notice of Claimed Infringement (“NOCI”) which stated under penalty of perjury that this Defendant had a good faith belief that the sale of the fabric via the Store Auction infringed its intellectual property rights. A true copy of this NOCI was received by me via email from the Defendants and was attached to the Complaint as Exhibit #3 page 7.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that all of the forgoing is true and correct.

Executed this 24th day of April, 2008
signature (notary seal)

This is an exmple only. You will have to use the wording that applies to your situation. Do not copy and use as you will be wrong.

The example above authenticates an exhibit submitted with the complaint. If you were attching a bit of new evidence, the wording would be something like:

10. On December 2, 2005, Defendant Chalk & Vermilion Fine Arts ("CVFA"), acting on behalf of Defendant Sevenarts, transmitted to eBay a Notice of Claimed Infringement ("NOCI") which stated under penalty of perjury that this Defendant had a good faith belief that the sale of the fabric via the Store Auction infringed its intellectual property rights. A true copy of this NOCI was received by me via email from the Defendants. A true and accurate copy of this NOCI is attached as Exhibit #12..

Etc, etc, etc.

This is an exmple only. You will have to state what applies to your situation. Do not copy and use as you will be wrong.

All evidence you submit must be accompanied by an affidavit statement otherwise it may be challenged and thrown out.

We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help.

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