Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!

Tabberone Logo
The latest Hartsel weather.

  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

Source: http://members.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=dunkin130
February 10, 2012. Category Food Services & Restaurants. Content has not been altered except to reformat.
Our response is in blue to the right side.

DUNKIN' DONUTS

Dunkin' Donuts is the largest coffee and baked goods chain in the world, selling more than 1 billion cups of coffee per year! Founded in 1950 in Quincy, Massachusetts, by William Rosenberg, Dunkin' Donuts became famous for its many varieties of donuts and wide range of bakery products - muffins, bagels and MUNCHKINS® donut hole treats. Dunkin' Donuts is also the place for beverages - from freshly brewed hot coffee in up to nine flavors, to refreshing Iced Coffee and COOLATTA® beverages. There are approximately 8,800 distribution points in 31 countries, roughly 6,400 of which are in North America. The rest are in key international markets including Asia-Pacific and Latin America. Corporate chest-beating before the lies begin. This is corporate lawyer foreplay. Exaggerated claims of being so world-famous that the company has the right to set their own rules despite federal law that says otherwise. And the company has the right to intimidate, threaten and destroy any of the beings who dare to break their commandments. Bow your head at this time.

Dunkin’ Donuts is the exclusive owner or licensee of the DUNKIN’ DONUTS trademarks, service marks, slogans and related copyrights. Its intellectual property is one of its most valuable assets. Dunkin’ Donuts has invested significant time and money in developing and advertising its global Brand, including its famous trademarks and copyrights, the orange and pink color combination and the frankfurter lettering style. Moreover, the public has come to associate the orange and pink trade dress with Dunkin’ Donuts. More corporate chest-beating. The trade dress claim is common and usually not supported by the facts. But then, corporate lawyers never let the facts get in the way of their lies. Remember, corporate lawyers are professional liars.

The intellectual property laws require that we vigorously police the marketplace for unauthorized, infringing or counterfeit merchandise in order to protect our name and reputation and also to protect consumers from being confused into believing they are purchasing genuine Dunkin’ Donuts products. To protect the integrity of our brand, we work hard to prevent the sale or resale of items that misuse or otherwise infringe our trademarks, copyrights or other proprietary rights. We will contact eBay about all listings that include the unauthorized use or infringement of our intellectual property. No. Trademark law requires they police the improper use of their trademarks. Copyright law does not require any policing. Here they begin the deliberate distortions of the law and how it applies to you. The "unauthorized use" lie comes from the Lanham Act but the federal usage applies to counterfeits, not the genuine product being resold. .

Our coffee is extremely popular because of its freshness, as illustrated by our trademark slogan Something fresh is a/ways brewin‘ here!®. (sic) Our coffee is highly perishable and the aroma, flavor and freshness deteriorate rapidly without the proper quality controls. That is why reselling Dunkin’ Donuts coffee harms our reputation since we can no longer control its flavor. Any Dunkin’ Donuts coffee that is listed for resale on eBay is not genuine because we cannot oversee and implement the necessary quality control standards to ensure its freshness, flavor and aroma. A listing on eBay that advertises the resale of our coffee is a violation of our intellectual property rights. We request that you respect these rights and contact us if you have knowledge that an item may be stolen or is being used in an unauthorized or infringing manner. To learn more about the steps involved in producing Dunkin’ Donuts coffee and how we ensure its quality, visit “From Tree to Cup” at dunkindonuts.com. We did a cursory check of their ground coffee and coffee beans at a Safeway in Evergreen, Colorado. Their coffee had expiration dates (use by dates) six to eight months away. As did Folgers and Yuban. Six to eight months was consistent with the other brands, including K-cups, for expiration dates. That is "highly perishable"? Eggs, bread and milk are highly perishable. Coffee, regardless of brand, is not. LIE, LIE, LIE. And they KNOW it is a lie. But why do they deliberately lie? To justify their interference in legitmate on-line sales of their product. They also lie when they claim the resale of their coffee on eBay violates their intellectual property rights.

Dunkin' Donuts has recently made its coffee available in K-Cup® portion packs which are sold exclusively at participating Dunkin' Donuts restaurants in the United States and Canada. Only Dunkin' Donuts franchisees are authorized to sell Dunkin' K-Cup® portion packs. Similar to our packaged coffee, the Dunkin' K-Cup® portion packs are highly perishable and the aroma, flavor and freshness deteriorate rapidly without the proper quality controls. That is why reselling Dunkin’ K-Cup® portion packs harms our reputation since we can no longer control its flavor. Any Dunkin’ Donuts K-Cup® portion packs that are listed for resale on eBay is not genuine because we cannot oversee and implement the necessary quality control standards to ensure its freshness, flavor and aroma. A listing on eBay that advertises the resale of our Dunkin' K-Cup® portion packs is a violation of our intellectual property rights. K-cups expire in six to eight months just like the ground coffee and the whole bean coffee. Additionally, K-cups are tightly vacuum sealed, just like ground coffee. K-cups do not deteriorate any faster than their other coffee. Six to eight months is not "rapidly". They repeat the lie about quality control. That is pure garbage for unopened and unexpired items. And they are GENUINE regardless of the over-blown claims. Again, they lie when they claim the resale of their K-cups on eBay violates their intellectual property rights. This is a typical corporate lie about reselling. Unaltered, unopend and unexpired items at resale are perfectly legal and do not require permission - and THEY KNOW IT!

In addition, we refer you to eBay’s policy on auctions, which prohibits the listing for sale of stolen property, counterfeit goods and items that infringe the copyrights or trademarks of others. This lie is so clever. They attempt to shift the blame to eBay by citing eBay's polices. We agree that eBay is complicant in the unlawful termination of perfectly legal listings but that is because eBay is a corporate coward when it comes to protecting the sellers. eBay is more afraid of the corporations, and their over-paid lying lawyers, than then small seller who lacks the resources to sue eBay. Dunkin' Donuts is the villan here. Not eBay.

________________________

FREQUENTLY ASKED QUESTIONS

Q. Why was my auction suspended?
A. An explanation of why an auction may have been suspended is set forth in eBay’s policy on auctions which can be accessed at ebay.com/help/community/pngendauction.html. Dunkin’ Donuts polices use of its trademarks, copyrights and other proprietary rights and takes action to stop any unauthorized, misleading or unlawful uses to protect the value of its intellectual property and brand name. Unauthorized uses include the resale of stolen property and the resale of products that are not considered genuine, as well as infringement of our trademarks and copyrights and the sale of counterfeit products. Note that the manufacture, distribution, and/or sale of counterfeit merchandise using any of Dunkin’ Donuts’ intellectual property are illegal and subject to criminal prosecution.
But if the products are genuine, unopened and not expired, then the resale is perfectly legal. So Dunkin' Donuts is illegally terminating listings because Dunkin' Donuts says you cannot resell their products. Not because it is illegal to resell genuine, unopened and unexpired product.

The criminal prosecution should apply to Dunkin' Donuts for their deliberate lies and their interference with the legal reselling of their products.

Q. Why does Dunkin’ Donuts care if I sell unauthorized merchandise?
A. Dunkin’ Donuts trademarks, logos and copyrights symbolize top of the line quality products and services worldwide. Our trademarks, slogans and logos are registered with the U.S. Patent & Trademark Office. In order to protect our brand and reputation, we have a responsibility to stop any misuse of our valuable intellectual property.
That is a good question but a lousy answer. The resale of genuine, unopened and unexpired product is not a misuse of the intellectual property rights of Dunkin' Donuts.

Q. What if I decide to re-post an auction once it has been taken down?
A. If you decide to re-post an infringing item once eBay has ended the auction for it, you are subjecting yourself to civil and/or criminal liability.
An absolute lie. If Dunkin' Donuts was in the right on this issue, they would be suing people to stop the listings, establishing the claimed legal fact that reselling their product is illegal. They do not because it is not illegal.

Q. Why aren’t all auctions selling infringing products suspended?
A. When an auction that is selling or re-selling unauthorized or infringing products comes to the attention of Dunkin’ Donuts, we review the matter and take the necessary action. Given the high volume of auctions on eBay, it is difficult to identify and remove every unauthorized, counterfeit or infringing product. That other auctions may feature products that misuse or infringe the intellectual property of Dunkin’ Donuts does not mean that you have the right to do so. If you know of a listing that you believe is unauthorized or infringing, please forward information about the auction, along with a picture of the product offered for sale and the eBay item number, to the following address: generalcounsel@dunkinbrands.com.
Because their internet trolls have not spotted the others, that is why.

The above page is maintained by: dunkin130 ( 0 )