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Chanel
Hall Of Shame Member
Added January 13, 2009


Last Updated - March 6, 2011

We have toyed with adding Chanel to theses pages for some time. Mostly we haven't because of doubt that the eBay auctions being terminated were listings for legitimate Chanel merchandise. Finally, as we knew the bottom-feeder attorneys at Keats McFarland & Wilson would eventually provide opportunity, we have added Chanel. But, laughingly, they are not added because someone was selling questionable Chanel merchandise but rather for terminal stupidity.

Boyd's Bears makes a variety of plush bears every year. Like Beanie babies, there are collectors, and like Beanie Babies, Boyd's Bears are retired periodically. A quick look shows there are bears named Allison Babbitt, Aubergine, Bailey, Baxter B. Bean, Calvin, Churchill, to name a few, and the offensive bear, Chanel de la Plumtete. It appears that Chanel and their ignorant lawyers at Keats McFarland & Wilson believe that only they have the right to use the word "Chanel" in any and all forms. Trademark infringement is when someone uses another's trademark to cause confusion as to the origin of an item. When Boyd's Bears call a teddy bear Chanel de la Plumtete, only a moronic bottom-feeder lawyer at Keats McFarland & Wilson would believe anyone would be confused as to the origin of the teddy bear.

An just who is this idiot at at Keats McFarland & Wilson who thinks this teddy bear is infringing? David Caplan, Larry McFarland's own Stepin Fetchit. David Caplan has authored a pretentious, over-bearing, lengthy, and we think unethical canned response letter to the poor souls who were shut down by him and his fascist eBay trollers (fascist is appropriate here given the well established ties Chanel had with the Nazis in WWII as a collaborator.)

Here are what we consider to be the lies and misrepresentations made in this response email signed by David Caplan:

1. "a trained representative of Chanel reviewed your auction".
What a crock. The complaint to eBay came from the offices of Keats McFarland & Wilson. Just who on their staff is "trained" by Chanel? No one! But the response email gives one the impression Chanel trained the office minion doing the trolling. KMW did the training and it's very likely the training existed only of "If it says 'Chanel' close it down" and "Go get me another cup of coffee while you're at it".

2. The "trained representative of Chanel ... believes the item being sold was a counterfeit"
Another crock. We've received numerous complaints from sellers who knew their item was authentic but were shut down by this mythical "trained representative of Chanel" who somehow perceived the item to be counterfeit. In reality, it's easier to close them all down and make the seller jump through the hoops outlined in the response email.

3. Provide proof so "we may conduct a secondary review of the item"
The burden of proof is upon the seller to prove the item is authentic and then, maybe, they will relent. Maybe but don't bet on it. What ever happened to a reasonable belief that the item is infringing? That's long gone. The legal hacks at Keats McFarland & Wilson know that few, if any, sellers will actually fight back by taking Chanel into federal court. Why? The time, expertise, and cost. A drawn out case can take years to resolution. Keats McFarland & Wilson isn't interested in a quick settlement because they get their money in litigation. The expertise to make a case is difficult for the novice. Courts love to rule against pro se litigants so representation is often a must. And, should the seller win, the seller is unlikely to recoup attorney fees and other costs. In our estimation that makes Keats McFarland & Wilson a scum-bag law firm.

4. "Chanel will NOT request that eBay reinstate your account to good standing".
What a low-life response. If the account was suspended or restricted because Keats McFarland & Wilson (it's KMW ordering the auction terminated, not Chanel) ordered an auction terminated for authentic Chanel merchandise why wouldn't they email eBay and have the account reinstated? They don't care and they know they don't have to email eBay. In our estimation that makes another reason Keats McFarland & Wilson is a scum-bag law firm.

Here are the emails that we have for attorneys at Keats McFarland & Wilson as of this posting:

  • David Caplan - dcaplan@kmwlaw.com
  • Dennis Wilson - dwilson@kmwlaw.com
  • Anthony Keats - akeats@kmwlaw.com
  • Larry Mcfarland - lmcfarland@kmwlaw.com

We are guessing the other email addresses for attorneys at www.kmwlaw.com are similar in structure. And we are guessing that their ethics are as low as those of David Caplan. In our opinion, the garbage email makes David Caplan a liar and a fraud who should be disbarred.

 

 

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