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Subject: eBay Listing Removed: Trademark Misuse
From: Hovihats
Date: Thu, Apr 13, 2006 12:24 pm
To: maria@clc.com

In a message dated 4/13/2006 12:33:34 P.M. Central Daylight Time, maria@clc.com writes:

Some of the fabric that you buy is indeed manufactured by Fabrique and they are licensed. However, you are making and selling scrub caps and you would have to be licensed to make and sell this product by the institutions whose marks you are using. You are not. Additionally, much of the fabric that you are using is not licensed and I would like to know the manufacturer information for this fabric and where you are purchasing it.

Untrue, I purchased many licensed scrub shirts and pants from Hampton scrubs and also bedspreads from Jetwear 3-4 years ago. I cut them up and make them into scrub hats. Both of these companies fabric were licensed.
I was contacted by the Collegiate Licensing Company over two years ago and I was asked to explain where I got the fabric. I replied with the same answer as I am sending you today. The CLC told me that I had to put a disclaimer in my store, which I did, and which is still there. Now, you pull my items without even contacting me first, along with other items that are not even college related. Here is what the First Circuit Courts states:

The First Circuit Court specifically rejected the copyright claim where La Infantil was being accused with unauthorized use of copyrighted fabric, saying that "bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works."

The Court also said "The copyright owner's right to distribute the work is limited by the "First Sale" doctrine, which permits the owner of a legally acquired lawfully made copy of a work to sell that particular copy without the consent of the copyright holder".

I am again requesting that you reinstate all my items, along with the NON college related items that you had pulled. I am enclosing a picture of one of the Jetwear bed skirts that I have cut up and used.