Tabberone is pronounced tab ber won |
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Dear Mr. Carlin,
Why were my Thomas the Tank Train and Bob the Builder eBay listings pulled? The items were not unathorized. They were handcrafted from lawfully acquired licensed Thomas the Train and Bob the Builder fabric. Under the First Sale Doctrine, using legally acquired copyrighted fabric to make and then sell fabric items is perfectly legal. In Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F. Supp. 66, the First Circuit Court specifically rejected the copyright claim where La Infantil was being accused with unathorized use of copyrighted fabric, saying that "bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works." "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control it's distribution." The auction listing describes to the prospective buyer that the item is handmade. I ask that you please reverse the terminated auctions, and inform eBay to remove any black marks in my account. Sincerely, Araceli Gomez glittersky5 |
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