Tabberone is pronounced tab ber won
not tay ber own
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Tabberone is pronounced tab ber won |
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----- Original Message ----- From: Jack Landrigan (Jack@lrgusa.com Sent: Wednesday, February 25, 2009 12:00 PM Subject: RE: Request for Information #1 Dear eBay Seller: The origin of the product that you sell was likely approved by the trademark owner; however, when a licensed product is altered and enhanced, that product becomes a new licensable good that is subject to the licensing requirements of the legal trademark owner. Please understand that our client’s have extensively used their trademarks in connection with numerous goods and services, sporting events, recreational activities, and educational activities. As a result of our client’s long, extensive and substantially exclusive use, their trademark have become well and favorably known to the public, enjoys tremendous goodwill, and represents a valuable asset of our clients. Federal and state law protects a registered mark by providing remedies against trademark infringement, dilution, false advertising and unfair competition. Please be advised that your use of our client’s trademarks violates Federal, State and common law rights. The Lanham Act (15 U.S.C. § 1051 et seq.) prohibits the adoption and use of a registered mark or confusingly similar mark. Because you are using our client’s trademarks in an unapproved manner, we believe a court would find you to have violated our client’s trademark rights. Furthermore, the use, advertising and promotion of our client’s trademarks in connection with unlicensed merchandise and advertising is likely to and will inevitably confuse potential buyers into believing your homemade products are legitimate and that our client sponsors or approves of your use of their trademarks on products that are materially different from the original licensed product. What is paramount in trademark law is the rights of the trademark holder to control the quality of the goods sold bearing the trademark. Our university clients have the right to control the quality of product bearing their mark – taking one trademarked product (fabric) and making a completely different trademarked product (whatever the local sewer wants to make) would prevent our clients from exercising that right. What kind of thread was used? What sewing techniques were used? Was it crafted with the level of quality and care that meets our clients’ standards? What about safety? Are their (sic) clothes that fail to meet safety standards such as anti-flammability? As such, we hereby demand that you immediately discontinue use of our client’s trademarks in regards to eBay auctions or any other retail venue.
Jack Landrigan |
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