Tabberone is pronounced tab ber won not tay ber own

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From: Henslee, Judy Judy.Henslee@harley-davidson.com Date: Oct 20, 2007 9:23 PM Subject: RE: Trademark Violation Inquiry (Ebay Item #270177033210) To: The Vintage Doctor Sarah: This is the last e-mail I will respond to on this subject. It's unbelievable to me that after everything I've written to you, you're still asking what the issue is. Fair use relates, first of all, only to text trademarks. It does not apply to design marks like our logo. Fair use also comes into play only in the verbal description of a product. I would point out to you, by the way, that you did not make FAIR use of our trademark in your listing title. Trademarks are adjectives. Adjectives, by definition, describe or modify nouns. You did not describe your item in the title as a "DIY shirt made from a Harley-Davidson T-shirt" (which would be fair use if it mattered). You called it a "HARLEY-DAVIDSON DIY Tunic Top/Shirt" or something very close to that, and you capitalized HARLEY-DAVIDSON. Both of those uses -- putting our trademark in front of the generic product descriptor "Tunic Top/Shirt" and capitalizing the trademark so that it stands out relative to the other words -- qualify as trademark use, and are specifically NOT fair use. In fact, by using our trademark to describe your product, you were engaging in unfair competition. And for the last time, fair use arguments don't apply here, because there's no such thing as the "fair" use of someone else's trademark on goods sold in commerce. Finally, the analogy you try to draw between your item and a used item is flawed. I have never said that trademarked items could only be sold in their original condition. I said they could only be sold in substantially the same form in which it was originally distributed by the trademark owner. That means a sign can't be sold as a clock, a guitar pick can't be sold as a necklace, and a shirt can't be transformed into a completely different style and compisition. It has nothing to do with its condition. You can demand a rescission all you like, but it will not be forthcoming. If you really want to avoid having a black mark on your record, I suggest you not continue to list this or similar items as you've stated is your intention. eBay has a tendency to suspend users who get repeated complaints.