Tabberone is pronounced tab ber won
not tay ber own

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  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

Karen Dudnikov and Michael Meadors
P.O. Box 87
Hartsel, CO 80449

November 19, 2007

Brandon Poole
Andrea Poole
street address omitted
La Mesa, CA 91941

Re: Cease & Desist Demand
U.S. Mail Delivery Confirmation Number : 4209 1941 9101 8052 1390 7205 0745 29

Dear Brandon Poole and Andrea Poole,

Pursuant to California Civil Code 48a, we are hereby sending you a detailed Cease & Desist letter for defamatory statements posted by your business entity, TinyTotsNTeens, formerly AdorableDecor. These defamatory statements were publicly disseminated in printed form (internet blog, a.k.a., newspaper) by way of the internet beginning Monday 5, 2007, with the comments continuing to be published through sometime Wednesday, November 14, 2007.

On Monday, November 5, 2007, at 10:13 am, your business entity posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:

  1. "Copyright and Infringing go hand in hand when the name Tabberone comes to mind"
  2. “Well, I did a bit of searching these cases and spoke to a few people and the results are astonishing. It seems that when "Tabberone" talks about these cases on her website, they are one-sided.”
  3. “There have been NUMEROUS instances where some of the representatives have contacted "Tabberone", but she leaves that part out.”
  4. “In many of her cases, the companies didn't have time for petty lawsuits.”
  5. “Reputable people have gone to her for advice, and trust me, have only suffered humiliation and 75% of them have lost their cases, money and valuable time.”

On Monday, November 5, 2007, at 10:48 am, your business entity TinyTotsNTeens posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:

  1. “On her website, she uses animated clipart, gifs and other images NOT made by her! But yet she attacks anyone else who does, claiming they are infringing on others' copyrights.” (The second sentence is false.)
  2. “She is in violation of misusing the logos of the United States Postal Service, Visa, Mastercard and Discover when her website does NOT offer any products for sale. This is against FEDERAL LAW.” (The web site does offer to sell items; fabric and collectibles. There is no federal law as described.)
  3. “She also had a store which she LINKED off her website which was linked off her ebay account, a huge NO-NO and a violation of ebay's TOS. ( It has now been removed...wonder why).”

On Monday, November 5, 2007, at 11:14 am, your business entity TinyTotsNTeens posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:

  1. “We were CONSTANTLY being harassed by members of ebay, using anonymous ids that later we found out were associated with Tabberone.”
  2. “These "ids" went to the extent of fabricating rude and vulgar emails and sending them to Tabberone. ( we have reason to believe these so called emails were the product of Tabberone herself as we have asked for legitimate copies with headers to prove validity which to this day she has not produced).”
  3. “So you see, everything she has said on her website is one-sided and only took minutes to prove who she is, her character and her practices.”
  4. “Since this IS a blog, she cannot toss a lawsuit our way. Every bit of information is factual and common knowledge.”

On Monday, November 5, 2007, at 3:16 pm, your business entity TinyTotsNTeens posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:

  1. “Reputable people have gone to her for advice, and trust me, have only suffered humiliation and 75% of them have lost their cases, money and valuable time.”75%? Really, where is she getting these numbers? ( I have gone through numerous blogs today where people have gone to her for help and got nothing but stress and headaches in the end)”

On or about Tuesday, November 5, 2007, in the morning, your business TinyTotsNTeens entity posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:

  1. “Moved our page due to a pending litigation lawsuit against Tabberone for copyright infringement, defamation of character, OPSEC violations and image theft filed today November 5, 2007...case involves unauthorized use of our trademarked name and photos, OPSEC violation includes: email addresses of military/government employees, location and position”.

Recent federal court ruling have identified “blogs” as being “internet newspapers” and therefore subject to the same level of First Amendment protection. As such, under California law, you are subject to penalties for defamatory publications, up to and including punitive assessments if you do not publish an apology and retraction in the same public and prominent manner as the original defamatory statement and for the same period of time if not longer.

Please note, we are not taking “issue” with what are obviously comments based upon “opinion”, such as the childish statements about Karen's hair and sense of fashion. Statements of opinion, as ignorant as they may appear to others, are not the subject of this letter. The defamatory per se statements that are presented to be based upon fact, or reasonable research, or actual knowledge, lead an unsuspecting reader to believe they are true when in fact they are fabrications, are the statements cited.

Accusing someone of committing a crime when they have not, accusing someone of causing harm to others when they have not, accusing someone of being involved in a conspiracy against another when they are not; all are defamatory; all are alleged in the above publicized publications, in addition to other false allegations.

We demand you retract the above statements in a timely and publicly prominent manner similar to the original offending publication, for a minimum time period to duplicate the original offending publication, and to notify us as to the beginning time and internet location for the retractions. We also demand that you cease immediately making factually unsupported statement concerning Tabberone, Karen Dudnikov, and/or Michael Meadors. Additionally, we demand that you remove any such statements from any web sites upon which you have posted factually unsupported statements or similar defamatory statements, and agree in writing to not publish or cause to be published such statements again in the future.

Your failure to comply with these demands may result in legal action to compel and for expenses, costs, and damages as allowed under California law.

Sincerely,

Karen Dudnikov
Michael Meadors

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