Dear glittersky5:

Thank you for your August 13, 2007 email. We have reviewed it and are writing to inform you that HIT Entertainment stands by its decision to cancel your auctions for Bob the Builder™ and Thomas the Tank Engine™ “home-made” apparel.

The cancellation of your auctions was based not only on copyright law, but also relevant trademark law. The fabric used to make your items contain trademarked images of the Bob the Builder and Thomas the Tank Engine characters. Your use of this fabric to create unauthorized and unlicensed merchandise constitutes trademark infringement and unfair competition in violation of federal and state laws.

HIT Entertainment licenses companies to manufacture and distribute Bob the Builder and Thomas the Tank Engine merchandise. Licensees which manufacture such merchandise are required to follow strict guidelines regarding the quality of such products. These guidelines reflect HIT Entertainment’s concern about maintaining and advancing the goodwill and business reputation it has built in these characters. The purchasing public has come to associate the Bob the Builder and Thomas the Tank Engine characters with HIT Entertainment as the source of products and services. Your products are likely to cause confusion in the marketplace regarding the source of these goods, which violates HIT Entertainment’s trademark rights. Your listing of these sales as “home-made” (or similar disclaimer) does not change this fact.

Thus, we cannot authorize eBay to re-list your auctions and urge you not to post additional auctions that infringe upon HIT Entertainment’s trademarks and/or other intellectual property.

Sincerely,
Matthew W. Carlin