Tabberone is pronounced tab ber won not tay ber own

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On 10/20/07, Henslee, Judy (Judy.Henslee@harley-davidson.com) wrote: Dear Sarah: Either 1) I completely failed in my attempt to explain this issue to you; 2) you're not answering my questions honestly (or at all, in one case; you ignored the question as to why you're so invested in being able to make apparel with Harley-Davidson's trademarks on it); or 3) you simply don't want to understand. The smugness of your reply suggests it's the third. All you seem interested in doing is harping on a completely irrelevant and immaterial principle no matter how often I tell you it doesn't apply. I can't determine merely from the photographs in your listing whether the shirt you used was counterfeit or not. I would have had to see the T-shirt in its original state. However, it doesn't really matter, because everything I explained earlier refers to the use of genuine product. For the record, our attorneys advise that it has been well-settled in courts that disclaimers posted at the point of sale are not effective in preventing consumer confusion. If they were, all that would be necessary to legally sell completely counterfeit goods would be a notice at the point of sale, and I can assure you that this has never been found acceptable. Furthermore, the courts generally find that disclaimers are either ignored, unread, or misunderstood. In any event, disclaimers at the point of sale do nothing to dispel secondary confusion. Secondary confusion, if you care to research it, is confusion that takes place downstream from the point of sale among people who don't have access to a point-of-sale disclaimer. Anyone seeing your shirt on the street has a reasonable right to conclude that Harley-Davidson either made, approved, or authorized it based solely on the prominent presence of our logo. I am not going to debate this any further. I've exhausted every reasonable means of explaining it in terms that are understandable. There is no circumstance under which we will permit the continued listing of your merchandise on eBay and that's an end to it. Judy Henslee