Tabberone is pronounced tab ber won
not tay ber own
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Tabberone is pronounced tab ber won |
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June 29, 2004
Re: Creative Memories Dear Victim: The Antioch Company, including its Creative Memories division (collectively, “Antioch”), hereby places you on notice that it objects to your use of the CREATIVE MEMORIES mark in your eBay auctions. It has come to our attention that you are offering MRS. GROSSMAN'S® brand scrapbooking stickers on eBay under the user name [user ID]. In connection with the promotion of auctions for these products, you have incorporated the famous CREATIVE MEMORIES® mark into the auction titles. Specifically, we refer to your auctions numbered 8113493809, 8112402007, 8113115008, 8113601944, 8113601595, 8113526128, 8113525734, 8113525554, 8113525423, and 8113525164. Unfortunately, use of the CREATIVE MEMORIES® mark in your auction titles is likely to divert consumers looking from Antioch's own line of CREATIVE MEMORIES® brand sticker products to your auctions featuring MRS. GROSSMAN'S® brand stickers and to cause confusion as to the ultimate source of your products. As you may be aware, Antioch is a well-established and well-respected business that has developed a reputation based upon offering quality scrapbooks and related products and services. Antioch's goods and services are offered to the public under valuable trade and service marks. These marks, including CREATIVE MEMORIES, symbolize the company's fine reputation. In connection with the CREATIVE MEMORIES mark, Antioch owns several United States mark registrations. Since its adoption of the CREATIVE MEMORIES mark, Antioch has expended, and continues to expend, substantial sums promoting this mark. As a result of these efforts, the mark CREATIVE MEMORIES has become well known to the relevant public, has become the preeminent mark in its field, has developed substantial goodwill, and has become associated in the minds of purchasers of scrapbooks and scrap-booking supplies with quality products emanating from Antioch. Consumers look to Antioch as the source of superior scrapbooks and related goods, as evidenced by the millions of units of product sold bearing the CREATIVE MEMORIES mark. Please be advised that while Antioch has in the past offered MRS. GROSSMAN'S® brand stickers, this practice has been discontinued. Antioch does not manufacture or distribute this line. Even when Antioch previously offered this merchandise, the products bore the third party mark MRS. GROSSMAN'S®, evidencing that they were not an Antioch product but rather a product of the Mrs. Grossman's Paper Company. Consumers looking for Antioch's own line of CREATIVE MEMORIES® brand stickers on eBay (by inserting “Creative Memories” into eBay's internal search engine) will be directed to your auctions for a third-party brand of stickers because of your inclusion of the CREATIVE MEMORIES® mark in your auction titles. Moreover, use of the CREATIVE MEMORIES® mark in your auction titles is likely to cause confusion among misdirected consumers who will incorrectly perceive that you are offering authentic CREATIVE MEMORIES® brand stickers (manufactured by Antioch) or that your auctions are in some way associated or affiliated with Antioch. Please be advised that Antioch will not object to your use of a statement in the bodies of your auctions indicating that the MRS. GROSSMAN'S® products that you are offering were purchased from a Creative Memories Consultant (if accurate) and/or that Creative Memories previously distributed the auctioned product. In this way, consumers may be informed of the product's history while minimizing the likelihood of traffic misdirection and source confusion caused by the prominent placement of the CREATIVE MEMORIES® mark in the title. Kindly note that Antioch does not object to the use of the CREATIVE MEMORIES mark in titles of auctions comprised solely of authentic Antioch products. Although we can appreciate the way in which this misunderstanding may have arisen, we ask that in order to avoid traffic misdirection and source confusion, you refrain from use of the CREATIVE MEMORIES® mark in the titles of auctions that include non-Antioch (including MRS. GROSSMAN'S® brand or other third-party) products. Please provide us with your written assurances, via return electronic mail, within ten days of the date of this letter that you have received, and will comply with, our request. We appreciate your attention to this matter and await your response. Sincerely, Creative Memories
Reid J. Hornbacher |
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