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"The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke |
| Tabberone's Trademark & Copyright Abusers' Hall of Shame |
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Last Updated August 1, 2008 You will note that there are a lot of pundits who will tell you what you can and cannot do with patterns, licensed fabrics, embroidered images, pictures, and descriptions, but none can point you to specific court cases or federal law that supports their claims. We can and we do. What we find particularly galling are the people who make claims such as "designers can put restrictions on use if they want" and "I think if it is actually printed on the fabric, you should respect the copyright wishes of the designer" without considering the legal ramifications. Once the item is sold why should someone be able to control what you do with it? The First Sale Doctrine says they can't. But, there are some logical restrictions. You cannot misrepresent the item when you resell it. We started these web pages in 2001 and we have yet to have anyone provide us with court cases or federal law backing their false claims.There are a variety of companies that interfere with the legitimate operation of small home-based businesses. These companies use legal jargon and various maneuvers to illegally shut down mom and pop businesses that have not violated any laws. We would also like to acknowledge that there are businesses that are legitimately engaged in the lawful proctection of their rights. However, many companies have adopted the stategy of attacking eBay auctions to show their muscle. Ebay sellers are easy targets. Most are small businesses that can't afford to fight back even when they have done nothing wrong. It's been our experience that the lawyers who represent these companies are either ignorant, just plain indifferent to case histories and present law, or lie their collective asses off in order to promote the improper and illegal activities of their clients. We have run up against more than one of these lawyers. They use their position to twist the wording, not the intent, of the law to the absolute favor of the clients with a total disregard for the rights of others and the wording and intent of the law. The companies, lawyers, and individuals enshrined here are so because in our opinion they deserve it. The lawyers, and companies, won't back off because they have the power of intimidation and the Force of VeRO (the Dark Side) behind them. They actually seem to enjoy beating the small seller down. They don't care about the reality of the free market place. They won't back off until confronted by a federal lawsuit filed against them. We should point out that not all actions taken by VeRO members are illegal. There are cases of infringement that are terminated and should have been terminated. It's the many abuses, way too many abuses, that are the issue. In our opinion, these companies deserve to be in the Hall of Shame because they are, or have, used what we believe are questionable tactics to interfere with what we feel are legitimate auctions or actions. In some cases, the lawyer is inducted as a co-member. Outlets that distribute what we feel is distorted and/or incorrect information, passing it off as law, concerning trademarks and copyrights are included as well. One publication giving its readers false information damages countless innocent users because the incorrect interpretation gets passed along to others. Compare this: If one in every twenty persons arrested and sent to jail were innocent, and the government knew this and took no action to prevent this, the people would be outraged. That's 5%. One in twenty. One study estimated that up to 30% of all eBay auction terminations under the VeRO Program are questionable and probably improper. Think about it. eBay knows and does nothing. Most of these companies are brought to our attention by people who have been hurt by them or who have questions about the policies of the companies. If you have nominations for Tabberone's Trademark And Copyright Abusers' Hall Of Shame feel free to contact us. We do require authentication concerning any alleged transgressions and not every company nominated ends up in Tabberone's Trademark And Copyright Abusers' Hall Of Shame.
Alphabetically listed. |
| The Tabberone Trademark & Copyright Abusers' Hall of Shame |
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Adorable Decor, a seller on eBay who is infringing and who has been referring people to this web site to support her arguments that she has the right to infringe. A real badd-itude problem and trash-mouth. She's now selling using the new ID TinyTotsNTeens. And, she has friends, not just the voices in her head.
American Red Cross, who appears to be spending their contributions attacking the innocent use of their symbol. We suggest you donate to the Salvation Army. Included are articles about the misuse of donated money by the Red Cross. They're cross over people selling items that have a red cross on them. Items like nurse dolls. Bad Red Cross. AnimeHot, a Nevada-based company run by some idiots who have no real understanding of copyright law or the eBay VeRO program. They shut down people when they didn't have a valid copyright. And, thay have never apologized. Added July 8, 2007. Autodesk, Inc, a software company represented by clueless Andrew S MacKay who has no real understanding of copyright law or the eBay VeRO program or reality. He falsely insists in a losing lawsuit that Autodesk doesn't sell their software but that they lease it. Wrong, according to us and the federal court decision. Added December 4, 2007. Blue Jean Teddy, and their clueless representative at Springs, Brad Bailey, who went on a directionless rampage concermning their fabric with no knowledge of the law. Stupid, stupid, stupid is Brad Bailey. Also, Art Impressions Licensing. Scott Boras, a lawyer turned sports agent and his clueless corporation, who don't understand the First Amendment and Fair Use. If he's an example of sports agents it's no wonder salaries are out of whack. Added December 19, 2006. Bumble and bumble a cosmetics firm that doesn't want their over-priced glop sold on eBay, and their law firm, Skadden, Arps, Slate, Meagher & Flom, LLP for being terminally stupid with a strong lack of ethics. Kenneth A. Plevan, their lawyer, is responsible for his firm receiving the The Putrid Plecostomus Award. Added August 29, 2007. Burberry who has been shutting down eBay auctions for authentic Burberry merchandise. Fabio (we kid you not) is their lawyer and we're not too sure where he ranked in his class. Our guess is low, very low. We also think he slept through ethics as do most corporate lawyers.
Amy Butler, who designs patterns and fabric and who, according to her webpage, has her head up her patterns. She states one cannot use the patterns to make something for sale. Wrong, Amy. Yes you can, and we tell everyone why. Updated - July 2, 2007. Chalk & Vermilion Fine Arts a Connecticut firm, who is here compliments of Sevenarts, Ltd. Their clueless leader, David Rogath, appears to be a real pill. David Rogath, a lawyer, isn't above giving the court a "carefully drafted" (read full of lies) affidavit that serves his purposes. Christopher & Banks who has a very mis-guided sense of what is new and what is not. According to them, once it leaves their store it is no longer new. Who made them GOD? Added January 4, 2008. Chuck E. Cheese, owned by CEC Entertainment Concepts, and their idiot legal counsel, David A. Deck, for terminating auctions of lawful "winner's receipts" earned by kids playing games at the stores. Cheesy attitude by a kiddie company? Added August 29, 2007. Collegiate Licensing Company a Georgia firm, who doesn't want people making items from their licensed fabrics and appear to be doing the dirty work for Sykel and Sy Garfinkel who don't appear to have the gonads to do it themselves. What is in that Georgia water? It sure isn't that Southern Hospitality we've heard much about. Added April 15, 2006.
Craft and Fabric Sites who make copyright claims that are not part of the rights granted by a copyright. They are spreading false and misleading information and sometimes it's done with a purpose. Added July 7, 2007. Last Updated August 2, 2008. Creative Memories the scrapbook people, who say they own "creative" and "memories" and you can't use them together in any form. Baloney. There's nothing creative about their sorry-ass attitude. Cyber Cops, companies who specialize in searching the intertnet to report trademark and copyright infringements to the IP owners for a fee. In our opinion, they are not qualified to make these decisions because they are being influenced by their billable hours and activities. Most don't really care about the law and use highly questionable tactics. On this list are:
Disney Enterprises, who settled quickly after being sued by Tabberone but bullied people for years before over the use of Disney's licensed fabrics. Our settlement with them is here also.
DRG Texas & ePatterns who falsely claim a purchaser cannot sell items made from their patterns. What a crock. They should change their name to DRaG Texas.
E! Entertaintment Television and their no-longer lawyer Jeffrey Lai. In our opinion, Jeffery Lai is an example of all that is pathetic in a corporate lawyer. He lied in statements to the court because he caused hs company to be directly served. eBay has crossed the line. It is no longer just a venue and we list the many reasons why. Fleurville who has reneged on their agreement to reinstate other auctions. Fleurville is one of the reasons we believe there should be severe penalties for secondary market manipulation. They lied to us and from what we've heard they continue to illegally terminate auctions. Girl Scouts of America, who could be spending all that cookie dough on something really constructive. They have been terminating auctions for authentic Girl Scout items and don't appear to care. Added December 23, 2007. Hancock Fabrics, who has crossed over to the dark side by spreading the lie that licensed fabrics cannot be used to make and then sell items. Perhaps their corporate stupidity is another reason they went into bankruptcy proceedings.
Harley Davidson Motor Cycles, who has gone "hog" wild in their attempts to ride over the rights of legitimate eBay sellers. Oink, oink. Added October 21, 2007. sHit Entertainment, who has been chewing on some lead-based paint of their own. They are shutting down auctions where their licensed fabrics are being used. They need an "S" added to the beginning of their name. Added March 21, 2007
John Deere, who has crossed over to the dark side, harassing legitimate eBay sellers who are using their licensed fabric. They didn't have the guts to do the dirty deed themselves. We have added their Cyber Cops, De Novo Legal, LLP, as well. Added December 1, 2007 Juice Plus, who doesn't seem to believe in their own product's safety. They don't want anyone reselling their over-priced schlop even though the law says they can. maybe we should call them Juice Pus instead. Added December 18, 2006 Just Born & Marshmallow Peeps, who act like they just fell off the turnip truck in their ridiculous trademark infringement claim concerning a baby crib set. We think they have too much sugar in their diet. They think they are the only ones in the world who can use the word "peeps". Added March 31, 2007 Keats McFarland & Wilson the first law firm to join the list. The law firm for MGA Entertainment. |
Kinsella Weitzman Iser Kump & Aldisert LLP another California law firm, joins the list. Jennifer McGrath lied to eBay claiming reselling Merle Norman on eBay violated FDA regulations. And she continues to lie, lie, lie. Jennifer McGrath is why Kinsella Weitzman Iser Kump & Aldisert LLP has received the Putrid Plecostomus Award. Added May 24, 2007
Krispy Kreme where the hole in the donut is smaller than the hole in the collective heads at KK. They object to one of their officially licensed products being resold. And their reasoning is totally stupid. Added April 6, 2007 Loralie Designs who has a very mis-guided sense of what they can and cannot do. They want buyers to waiver federally-guaranteed rights. Why? They don't want their products sold on eBay. Added December 31, 2007. Love Potion Perfume, and their ditzy owner, Mara Fox, for telling the world they own the exclusive rights to the commercial use of "love potion" and "love potion #9". Mara Fox appears to a number-one whack-job. Added February 29, 2008 Major League Baseball Properties, who tried to extort money from "innocent infringers" and still does. Brian Day is still at it. He must have graduated with Fabio of Burberry fame. We sued MLBP in 2003 over the use of their licensed fabrics and all they wanted to do was settle. Merle Norman Cosmetics, who we call Merle Nitwit, for telling eBay to terminate auctions of their cosmetics because they violate FDA regulations. Huh? This is a new, all-time low in Corporate lawyerly lying. Their law firm, Kinsella Weitzman Iser Kump & Aldisert LLP, redefines slimey and low-life and is also a member of the Hall. We would list Merle Norman twice if we could because they are that stupid, that perjurious, and that insensitive. Mothers, don't let your daughters grow up to use Merle Norman Cosmetics. Added April 27, 2007 MGA Entertainment, who terminated an auction of a fleece hat with a Bratz applique on it and was sued by Tabberone. MGA's lawyer, Larry McFarland of Beverly Hills, threatened to take the case "to the Supreme Court" if necessary. It wasn't. But they didn't want to argue the merits of the case, just technicalities, and they got a judge with a pro se bias, Patricia Coan.
Ojon Corp,, a Canadian cosmetics manufacturer, who doesn't want their beauty products sold on eBay. The "people of beautiful hair" and a shitty attitude. Oh, Jon, how can you? You can because you're sure no one will fight back. You are pathetic.
Red Monkey, who have taken stupid to a new level. They appear to have spent too much time enjoying the California sun without sun-block or a hat. Their collective IQ would embarrass a village. They certainly don't proof-read before acting to terminate auctions. Added April 10, 2006. Reed Smith,, the second law firm to join the Hall of Shame, represents Sykel, another member. Reed Smith, a New York firm, appears to hire lawyers who slept through Constitutional Law 101 and Due Diligence 102. Darren B. Cohen sent us a cease & desist that had us rolling on the floor laughing. He declined to sue which meant he lied about his client's intentions. Added February 23, 2006. Reich Publishing & Marketing, owned by Stephen Reich, who appears to be shutting down auctions to thwart the competition. Reich, a lawyer, looks to be guilty of fraud, misrepresentation and perjury. But what else is new? A lawyer and ethics? SalonQuest and Aquage, who don't want their over-priced cosmetics sold on eBay. What's with these cosmetics people? One after another, they all do the same illegal garbage without regard to the rights of individuals. This one industry alone is proof of the need for severe civil penalties for trademark abuse. Added June 29, 2007 Sanrio & Hello Kitty, who strenuously objected to their licensed fabric being being used for commercial purposes and took harmful actions accordingly, until they were sued by Tabberone, and then magically, it was alright. WOW! What a coincidence! They settled so fast we were taken off guard. Another lying VeRO member taken down.
Scientology, also known as the Church of Scientology, a pseudo-religion that thinks they can intimidate others and that the rules don't apply to them. Added February 21, 2008. Scotia Starr a Canadian knitter, who thinks her "ideas" give her the right to terminate eBay auctions. She is also a member of the Canadian Knitwear Designers & Artisans. She never apologized for what she did or retracted her takedowns. Sevenarts Ltd a British firm, who told us to go ahead and sue him if we didn't like his answer. So we did. Instead of litigating the issues (alleged copyright infringment), they tried to get the case dismissed by challenging jurisdiction, which failed. They are now sweating our motion for summary judgment. Arrogant doesn't begin to describe these people. We've caught their lawyer in several lies. Added December 2005. Shabby Chic and their lawyer John E Kelly, with an honorable mention to their President and CEO, Brian Dell. SnoWyte, a work-at-home mother who is using the eBay VeRO program to enforce rights she doesn't have while openly infringing upon the rights of others.
Sykel Enterprises, the ONLY dumbs-down company on our list is the business name of Fabrique Innovations, and is telling people they cannot resell Sykel's fabric or items made from their fabric. We nominated their president, Sy Garfinkel for the Pompous Twit Of The Year Award for 2005, with honorable mention going to twit-in-waiting, Jeff Ross and nitwit Howard Leibowitz. We think the company's logo should be "The Cowardly Lion." Added November 2005. Sharon Teal-Coray, an artist from Utah who has an inflated opinion of her own importance who is totally ignorant of copyright law. She has no remorse for those she hurt and still doesn't get it. Her friends and relatives have contributed to her page. Added December 20, 2006. UPDATED June 20, 2008. Timberland, and their attorneys, Fross Zelnick Lehrman & Zissu, PC, who are shutting down auctions stretching the borders of trademark law beyond their intended limits.
True Religion Jeans, who doesn't seem to be as concerned with who is illegally distributing their jeans as much as shutting down eBay auctions. United Media & Peanuts, another billion-dollar company who couln't wait to settle after being sued by Tabberone over the use of licensed Peanuts fabric. Another VeRO member who couldn't wait to cry "settlement" after being sued.
Vera Bradley , also known as Very Badley, who has a twisted notion of what they can demand in the secondary market. Winner of the Tabberone WeSaySo Company Award with Dodo Cluster. Also seems to have some very questionable business practices. Added March 28, 2007 Visiball USA who tries to enforce their Minimum Advertised Price upon sellers who are not under contract to them. Idiots in search of a village. Added April 29, 2007. Vittoria North America, who wanted to settle six hours after we filed the lawsuit, mainly because they signed their names to documents that admitted they lied. Another VeRO Member who lied to eBay but eBay doesn't really care. Von Dutch is shutting down auctions of legitimate products and then not responding to inquiries as to why. Bad VD. Who would want their schlock anyway? Warner Brothers, who backed down from us but is still shutting down "innocent" auctions years later. It seems their approach is to shut down auctions and see who complains. If they complain then reinstate them. Wiggles Touring Pty Limited, an Australian children's entertainment company, settled after they realized we could serve them in the US. They were very militant until they were sued. What happened? They got sued and cried. |
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More To Come. So many VeRO Members (and their law firms), so few with integrity. |
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 Just Shine the Cat Light |
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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 July 2007, only AnimieHot.com, in our Hall Of Shame, has chosen to submit a formal rebuttal. |
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Definitions |
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Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
Filing A Federal Lawsuit |
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VeRO (Verified Right's Owner Program) VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed |
April 16, 2008
