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Tabberone's Hall Of Shame
Fleurville
24A Tiburon St.
San Rafael, CA 94901

 

Some background information first.

Fleurville manufactures high-end baby diaper bags. These bags regularly sell through dealers and are high quality. Fleurville is a small business in California. They don't want their bags sold on eBay.

That's what is causing the problem. Re-selling a Fleurville bag on eBay is not infringement. Fleurville was shutting down auctions for simply selling their bags.

On February 16, 2004, Tabberone, using the eBay seller ID of WitnessProtectionProgram, listed three of these Fluerville diaper bags on ebay.

On February 18, 2004, Tabberone received the dreaded Why Ended email from VeRO.

As you know, not one to dally, Tabberone emailed the VeRO member immediately on the same day. The first response was an automated respone saying Catherine Granville was not available.

Tabberone again emailed the VeRO member with the some question. David Reiss replied to this one saying we may not use their name to sell their product.

A few days later, Catherine Granville finally responded saying they don't allow their products to be sold on eBay.

The same day, Catherine Granville responded again saying legally we cannot sell their products without their permission.

So, "What did we do?", you ask? Silly you, we filed a lawsuit on February 27, 2004.

On March 8, 2004, Catherine Granville called to discuss the situation. After the conversation, we emailed her with a proposed settlement and a warning she should have her lawyer contact us.

On March 24, 2004, we filed a motion to dismiss the complain. CLICK HERE to read the settlement agreement.

We had an understanding with Fleurville's lawyer that Fleurville would reinstate previously terminated auctions upon petition to Fleurville. Now, Fleurville is violating the understanding. Their lawyer felt that "they (Fleurville) now understood their position was untenable".

Fleurville is now dragging their feet and reinstating sellers ONLY AFTER the sellers have to threaten to go to court against them like we did. SHAME ON YOU, FLEURVILLE. Now we wish we had not settled.

 

 

Rebuttals

In an effort to provide a balanced view, we make the following offer to anyone who feels they have been wrongly accused on this web site.

If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.

We made this offer a very long time ago and as of September 2008, only AnimieHot.com, in our Hall Of Shame, and Charlotte Perman (Sevenarts in our Hall Of Shame) have chosen to submit a formal rebuttal.

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