So, you ask, what did Jordan Outdoor Enterprises, Ltd do to get enshrined in Tabberone's Trademark & Copyright Abusers' Hall Of Shame? Through their law firm. F.A.I.L. LLP, (Fools, Assholes, Idiots & Losers, LLP), also known as Sutherland (www.sutherland.com), they are unlawfully terminating perfectly legitimate eBay auctions for authentic Advantage Max 4 Cameo Fabric.

Our first impression of Jordan Outdoor Enterprises, Ltd upon visiting their web site at http://www.realtree.com/ was, "What kind of simple-assed company is this?" The first thing that appears is a top-of-page-oriented advertisement for a Chevy Malibu. This is the sort of thing one expects when visiting some low budget web site that relies on advertising to exist. One does not expect this sort of advertising from a reputable company. But, based upon their actions (they are responsible for the actions of their lawyers) we weren't really expecting the web site of a reputable company.

On July 23, 2008, upon orders from the law firm F.A.I.L. LLP, (Fools, Assholes, Idiots & Losers, LLP), also known as Sutherland (www.sutherland.com), eBay terminated three auctions that were selling authentic Advantage Max 4 camo fabric, giving some office person at Sutherland as contact, nancy.sebastian@sutherland.com. Who is Nancy Sebastian? We have no idea. She apparently has the time to tell eBay to terminate perfectly legitimate eBay auctions but not the time, or the courtesy, to respond to emails asking her the please explain why she ordered the auctions terminated. In our opinion, Nancy Sebastian is a pathetic example of the abuses foisted by those thinking they are in power over those who have done nothing wrong.

After repeated emails failed to get a response from one Nancy Sebastian, some office worker at Sutherland, we suggested the confused eBay seller email every partner in the firm at Sutherland several times a day until a response was received. Finally, two full weeks after the auctions were terminated, someone at Sutherland responded on August 8:

"Good morning. My name is Jeffrey Blake, and I am an attorney at the firm Sutherland LLP. We represent Jordan Outdoor Enterprises Ltd., one of the largest businesses in the camouflage industry, in matters relating to Intellectual Property. Ms. Sebastian works at our firm and helps monitor entities that are selling products bearing Jordan Outdoor's copyrighted Hardwoods and Advantage patterns without authorization. It is a violation of copyright law to display, offer to sell, or sell products bearing Jordan Outdoor's copyrighted patterns without authorization. Our firm discovered that your business has been displaying, offering for sale, and selling products bearing Jordan Outdoor's copyrighted patterns on eBay, and we have been unable to determine that you have authorization to do so. Thus, we requested that the items covered by copyright be taken off eBay. To the extent that you have authorization to display, offer to sell, or sell those products, please feel free to contact me to discuss so that this matter can be resolved. Alternatively, if you have any additional questions, please give me a call."

Did Jeffery Blake, an attorney at the firm Sutherland LLP, even take trademark law or copyright law in Law School at the University of Virginia? Or did he sleep through those classes as well as Constitutional Law 101? Jeffery Blake is a typical bottom-feeding corporate lawyer. Jeff, the first thing wrong in your email is the term "authorization" comes from the Lanham Act and has to do with trademarks, not copyrights. Jeff, the second thing wrong in your email is your false assertion that it is "a violation of copyright law" to "display" products "bearing Jordan Outdoor's copyrighted patterns" when it is not. Jeff, the third thing wrong in your email is your false claim that it is a violation of copyright law to "offer to sell, or sell those products". Have you ever heard of the First Sale Doctrine, you idiot? Nor it is trademark infringement to sell authentic merchandise. Copyright Law specifically allows for the use of pictures to sell a product. You would know that Jeff-poo if you had not slept you way through law school. Go crawl under your rock and stop hurting people who are not violating your client's rights.

Which image is Blake and which image is the yo-yo?

It appears Jeffery Blake slept through fair use when, and if, he ever attended classes on intellectual property. So, what does this make Jeffery Blake and Sutherland? Liars. Pure and simple. Jeffery Blake and Sutherland are kissing ass with Jordan Outdoor Enterprises, Ltd to collect those fat checks with which they pay for their corporate offices. The federal rights of legitimate eBay sellers are not an issue with them. Why let the facts get in the way of a great payday when it is easier to lie to non-infringing sellers?

 

 

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