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Email from Chanel. Content has not been altered except to remove recipient contact email.


From: Chanel (Chanel@kmwlaw.com)
To: Lisa & Mike
Sent: Wednesday, January 7, 2009 11:57:50 AM
Subject: RE: EN62823 INF Response to your email concerning eBay's ended listing policies. (KMM313878850V43539L0KM)

Dear eBay seller,

We are outside counsel to Chanel, Inc. ("Chanel"). We are in receipt of your inquiry regarding the removal of your eBay auction.

PROVIDE AUCTION ID and SELLER ID

If your inquiry is regarding a specific auction or auctions, please provide us with the eBay auction identification number of the Chanel item that was removed as well as your eBay seller ID. We can not research any auction removal inquiries which do not have the auction identification number and your seller ID.

AUCTION REMOVALS

If your auction was removed based on a complaint by Chanel, it was ended because a trained representative of Chanel reviewed your auction and believes the item being sold was a counterfeit Chanel item OR the auction included an infringement of Chanel's trademarks.

With respect to disputes regarding Chanel's determination that a product is counterfeit, please be aware that given the nature of the Internet, decisions regarding the authenticity of an item are based upon the images and content of your auction. Because we cannot physically see a product posted on the Internet, the information at our disposal as to the counterfeit nature of the item is limited to the contents of the auction.

If you feel that your listing was ended in error, please send us the following so that we may conduct a secondary review of the item:

  1. Clear photos of the exterior of your product;
  2. Clear and detailed photographs of all labels, hang tags, cards, hardware and zipper pulls, serial numbers, item seams or edges, and all packaging or any other materials that were sold with the item that you have in your possession;
  3. Clear photos of any receipts or information you have from your purchase of the item, or how you received the item; and
  4. Approximate date the item was purchased.

This information will assist in our re-examination of your auction listing. We will only conduct a secondary review upon responses to each of these four items.

Chanel will not provide the indicia of an authentic product as such information is kept confidential as a matter of policy. If unethical sellers acquired this information, they could use this information to create perfect auction listings for counterfeit Chanel products in order to avoid detection.

CHANEL ABOUT ME PAGE

Chanel has posted an "About Me Page" on eBay which is located at http://members.ebay.com/aboutme/chanelusa/ . Please thoroughly read ALL of the information Chanel has posted on the "About Me Page" as we are confident that your question(s) will be answered within the text of the page.

Chanel will not respond to any inquiries that are already addressed on this About Me Page.

SALE OF COUNTERFEIT PRODUCTS IS PROHIBITED

If Chanel conducts an additional review of your auction listing and confirms that the item you have offered for auction is a counterfeit product, YOU WILL RECEIVE NO FURTHER RESPONSE from Chanel to your inquiry. The offering for sale of a counterfeit Chanel product constitutes a violation of federal trademark and unfair competition laws. If you re-list your infringing auction again, eBay may suspend your account and/or Chanel may take further legal action.

REQUESTS FOR REINSTATEMENT OF ACCOUNTS

With respect to eBay sellers whose accounts have been limited, suspended, or terminated by eBay, Chanel will NOT request that eBay reinstate your account to good standing. Chanel expects that all eBay sellers will comply with all laws with respect to their eBay listings, including the requirement that sellers independently verify the authenticity of all items they sell on eBay PRIOR to offering these items for sale.

REMOVAL OF AUCTIONS FOR VIOLATION OF EBAY POLICIES

If your auction was removed due to a violation of eBay policies, or for any reason other than a report by Chanel, you will receive no further response from us.

AUTHENTICATION

Chanel will not authenticate any auction that you intend to place on eBay. If you are unsure of the authenticity of an item, we recommend that you do not attempt to offer it for sale.

REPORTS OF OTHER INFRINGING/COUNTERFEIT AUCTIONS

If you are forwarding auctions that you believe are counterfeit, please note that Chanel is making every effort to address the removal of every counterfeit and it is likely that the auction has already been reported to eBay.

Sincerely,

David K. Caplan, of
Keats McFarland & Wilson, LLP
Attorneys for Chanel, Inc.

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