Tabberone is pronounced tab ber won not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me! "The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke

Letter from Creative Memories. Content has not been altered.

It has come to our attention that you are offering scrapbooking products on eBay under your user name "-----." In connection with the promotion of your eBay activities, you have incorporated both of the components of our federally registered CREATIVE MEMORIES® mark, namely, "CREATIVE" and "MEMORIES," into the title of an auction featuring scrapbooking products that do not emanate from Antioch. Specifically, we note your auction titled "Creative Imaginations 8x8 *new* Magical memories album." Use of both "CREATIVE" and "MEMORIES" in your auction title is likely to divert eBay search engine users looking for authentic CREATIVE MEMORIES® scrapbooking products to your auction and to cause confusion as to the source or sponsorship of your scrapbooking merchandise. 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. Inclusion of both of the mark components "CREATIVE" and "MEMORIES" into your auction title will cause consumers looking for authentic CREATIVE MEMORIES® brand scrapbooking products (by inserting the CREATIVE MEMORIES® mark into eBay's internal search engine) to be misdirected to your non-Antioch scrapbooking product auction in the same way as if you had included the mark CREATIVE MEMORIES® in your title. In short, eBay's search engine will read your title as a "match" for a consumer's query for CREATIVE MEMORIES® brand products. Use of both of these mark components in the titles of auctions featuring non-Antioch scrapbooking products gives the appearance that you are attempting to benefit from the fame and the goodwill of the CREATIVE MEMORIES® mark by drawing traffic looking for Antioch's products to your scrapbook auction. Misdirected consumers, who will assume that their searches have yielded results pertaining to the requested CREATIVE MEMORIES® product auctions, are likely to perceive incorrectly that your scrapbooking-related products are authentic CREATIVE MEMORIES® brand merchandise or that your auction is sponsored or endorsed by Antioch. Accordingly, Antioch objects to the use of the CREATIVE MEMORIES® mark, or of any combination of both "CREATIVE" and "MEMORIES," designed to misdirect search engine traffic in the titles of auctions featuring non-Antioch (third-party or homemade) scrapbooking products. Kindly note that Antioch does not object to the use of either the mark component "CREATIVE" or the component "MEMORIES" in the titles of auctions featuring third-party or homemade scrapbooking products. The use of either component does not manipulate eBay search engine results in such a way as to misdirect consumers looking for authentic CREATIVE MEMORIES® products to auctions featuring non-Antioch scrapbooking merchandise. Likewise, Antioch has no objection to the use of its CREATIVE MEMORIES® mark, or of both mark components, in the titles of auctions comprised solely of authentic Antioch products. "Please provide your written assurances, via return electronic mail within ten days from the date of this letter, stating that you shall refrain from further use of the CREATIVE MEMORIES® mark, or any combination of both of the mark components "CREATIVE" and "MEMORIES" designed to misdirect search engine traffic, in the titles of auctions featuring non-Antioch (homemade or third-party) scrapbooking products-