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The Tabberone Chronicles
Do you know who Tabberone is? You may have heard of her because she has "claimed" to won so many copyright lawsuits
against big companies, but do you REALLY know her? Well, you will. |
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Monday, November 5, 2007
Tabberone Chronicles Part III
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First, let me say I originally had no problem with Tabberone. Until finding out I was put on her "Hall of Shame" by a customer
of mine, I became outraged at what I have read.
Let me give you my backstory:
I run a home-based business selling custom children's decor. I launched my home business back in 2000. I started selling on
ebay in August 2005 selling light switch plates and wall clocks then selling wall stickers a short time later.
I would purchase LICENSED materials, like fabric, stickers and wallpaper and use these items for my crafts...the SAME
thing Tabberone was doing. A short time later, I perfected the idea by using BOOKS to accomplish the same thing.
After having listings pulled by VERO members such as Viacom, Disney and Bratz and arguing the fact that the materials I
was using were in fact licensed, I pulled my "infringing" items just to end the stress involved and the arguments. It was
a waste of time to continue, as these were "petty" items in my opinion and since other sellers did the same thing,
I wasn't making any money, to this day, other sellers are still doing the same thing, if you did a website search,
you will find so many light switches, clocks and the like using Disney, Bratz and Viacom characters ( Nick Jr, etc).
We were CONSTANTLY being harassed by members of ebay, using anonymous ids that later we found out were associated with Tabberone.
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).
These emails are on her website.
If you read through the emails and the ones we recently sent to her, you will notice some differences...the language in
which we use, the spelling of certain words and the way we conduct ourselves in a professional manner which she does not do.
She claims we are still "infringing" on copyrights. Which we are not and ebay has agreed. Our items are our own work.
We have acquired copyrights to most of the items we sell and we pay the companies to use them. Something which is easy
to do and takes very little time.
On the items we do not have copyrights for, they are our OWN work, polka dots, leaves, butterflies and the like are NOT
copyrighted. You cannot take a polka dot, make it pink and copyright it. Plain and simple.
What Tabberone does not realize, under copyright law, if you change 15% or more of a work, it becomes YOUR work.
In any case, Tabberone decided to take it upon herself to add us to her Hall OF Shame, in doing so, she took OUR
copyrighted work. She took our website banner ( new and old) claiming "fair use". ( she has since taken down our
previous banner, I guess fear has sunk in since it had photos of our daughter who is a minor)
But you see, using someone elses work is infringing according to her...like I said earlier, it doesn't apply to
Tabberone's actions. She is special.
We issued a Cease and Desist order asking her POLITELY to remove our work, which she has declined to do.
Instead, we got this response from her: ( notice this is the actual email, not edited like she does on her website)
Tabberone's Email
Now read her following statement:
"Many of your present listings under your new eBay ID, TintTotsNTeens, are also infringing, such as #190146367974 which
infringes upon Cathy Heck’s Little Pond. “Inspired by”, “I use the original design as inspiration”,
and “created by me” are terms for “I’m infringing by illegally copying trademarked and copyrighted
designs belonging to others”
But wait, isn't that what she is doing? Using different peoples' copyrighted work on her website and claiming "fair use"?
( and I have partial rights to use Cathy Heck's Characters).
Like I said, the laws are different in Tabberoneland.
A cute little note to add, that Tabberone has a problem with my "infringing" items right?
But yet, she sold 3 yards of Little Pond fabric to me, the same fabric that I made my little pond characters from
which she is claiming I'm infringing on!
Tabberone's Feedback
What Tabberone doesn't realize is if any one of the persons she talks about in a derogatory manner can take HER to court
for libel if they choose to.
li·bel /'la?b?l/ Pronunciation Key - Show Spelled
Pronunciation[lahy-buhl] Pronunciation Key - Show IPA
Pronunciation noun, verb, -beled, -bel·ing or (especially
British) -belled, -bel·ling.
–noun
1.
Law.
a.
defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.
b.
the act or crime of publishing it.
c.
a formal written declaration or statement, as one containing the allegations of a plaintiff or the grounds of a charge.
2.
anything that is defamatory or that maliciously or damagingly misrepresents. –verb (used with object)
3.
to publish a libel against.
4.
to misrepresent damagingly.
If anyone can prove, beyond a reasonable doubt, that what she has written on her website is damaging to their business or
reputation, they have a suit.
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.
She is more then welcome to challenge anything said on this blog.
Since this IS a blog, she cannot toss a lawsuit our way. Every bit of information is factual and common knowledge.
And the use of her links and "images" like she claims is "fair use".
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