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AB Rocket E. Mishan & Sons, Inc Hall Of Shame Member Added September 26, 2008

Last updated - December 10 , 2009

In criminal court, the state has the burden to show evidence of guilt or wrongdoing before the state can proceed with prosecution. The police can't search your vehicle without probable cause nor can they search your home without a warrant, both of which require some sort of evidence or proof. So, we ask, how can a company interfere with a perfectly legal eBay auction without some sort of proof that the seller has done something wrong? By lying, of course! eBay patterned its VeRO Program exactly after the DMCA. Under the Digital Millennium Copyright Act ("DMCA"). The standard for interfering in what would otherwise be a perfectly legitimate offer to sell an item on an on-line auction is a "good faith belief". While the issue here is alleged trademark infringement, the VeRO member alleging trademark infringement makes exactly the same legal statements to eBay, in exactly the same format as required by the DMCA, with exactly the same legal jargon as required by the DMCA, with exactly the same results as one would receive under the DMCA. The DMCA § 512(f) imposes liability where a party “knowingly” and “materially” misrepresents that copyright infringement has occurred. “'Knowingly' means that a party actually knew, or should have known if it acted with reasonable care or diligence, or would have had no substantial doubt had it been acting in good faith, that it was making misrepresentations.” Online Policy Group v. Diebold, 337 F. Supp. 2d at 1204. “'Material' means that the misrepresentation affected the [service provider's] response to a DMCA letter.” Id. Here, AB Rocket, under the corporate entity of E. Mishan & Sons, Inc appears to have used legal counsel to make the determination that the auctions were infringing. But was counsel "competent"? We think not based upon their response to the seller's email. We think Notaro & Michalos and their in-house flaming arse selected to represent E. Mishan & Sons, Inc are liars.

John Boy

According to E. Mishan & Sons, Inc's bottom-feeder attorney named John Zaccaria, "E. Mishan & Sons, Inc. has detected counterfeit AB ROCKET product in the market place", and, using this unsubstantiated claim as a basis, apparently authorized the low-life law firm of Notaro & Michalos to unlawfully interfere with perfectly legitimate eBay auctions. Really, who in their right mind would counterfeit Ab Rocket and then try to sell it on eBay? They don't sell for that much! $99.98, plus shipping, in the above catalog advertisement. What idiot would think there was any reasonable profit in counterfeiting the AB Rocket much less the additional cost of selling it? It's not like they are Beanie Babies or some other hot collectible! We looked at eBay sales and the AB Rocket rarely sells for more than $25.00! What a hot item to counterfeit!

In his email, the bottom-feeder attorney named John Zaccaria did not claim the AB Rocket being offered on eBay was counterfeit, but he did state that his "client does not have any records of selling the AB ROCKET product" to the eBay seller. We find this claim oddly confusing and an admission of a lie. Considering how many products E. Mishan & Sons, Inc hawks, we find it inconceivable that E. Mishan & Sons, Inc would have records of every sale of every product ever sold under their banner. These sales include television sales, catalog sales, and in-store sales. So, logically, how could E. Mishan & Sons, Inc reasonably track every sale of the AB Rocket to every purchaser? They can't, and we believe the didn't. Therefore, they, and their attorneys, are lying.

Little John

In our opinion, the bottom-feeder attorney named John Zaccaria, is an example of a corporate whore, sorry, lawyer, who will do the bidding of his/her client for a fee regardless of the prevailing law and the burden of proof. They will lie and distort the facts to garner in that almighty dollar to pay for those fancy offices. Did we mention that Notaro & Michalos are located at 1270 Broadway, Suite 807, New York, NY 10001? That's not cheap. Someone has to pay for these big expensive digs. FYI - www.notaromichalos.com is their web site. We couldn't find a web site for E. Mishan & Sons, Inc So, what is our diagnosis? E. Mishan & Sons, Inc has a bad case of self-importance and they hired a bottom-feeder attorney named John Zaccaria to treat the symptoms but not the cause of the problem, which is terminal stupidity. We suggest they deflate their ego, slowly, so as to not warp their little minds, and make many contributions to charities that pander to soul-cleansing. For absolution, we want E. Mishan & Sons, Inc to retract all phony takedowns and for John Zaccaria to never again lie. Neither of which we ever expect to happen. That's how it is. It's that way because sorry-ass companies can still buy pathetic legal representation that will lie for them because there are no consequences for the companies or their lying corporate lawyers.

 

 

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