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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Source:
http://members.ebay.co.uk/ws/eBayISAPI.dll?ViewUserPage&userid=lovepotionperfume

February 26, 2008. This is the page as it appeared minus advertising and eBay material. It has been reformatted for easier reading. Two years later it has been modified by Mara Fox to exclude the references to Jessica Simpson and Dessert Beauty because they lost that case.

About Me: lovepotionperfume ( 523 ) No longer registered with eBay

Love Potion® Fragrances

www.LovePotionPerfume.com

Add a little MAGIC to your Love Life with Love Potion® Fragrances!

The First Magical, Mystical, Wearable Love Potion!!
Ancient Authentic Aphrodisiac Recipe - Created with Natural Botanical Oils, from a precise combination of the stongest ingredients known to inspire feelings of
Love, Lust, Passion & Desire!
:::Wear With Caution!:::
xxxx
Notice: In business since 1990, we are Ebay VERO members and the US Registered Trademark holders of the term "Love Potion" for fragrance items. We are the ONLY ones officially authorized to use this phrase, including variations of the phrase. All infringements against our registered trademarks are halted according to eBay's Vero rules. All infringements against our copyrighted sales materials are also halted. No exceptions. Legal contact information is available on our website. A FAQ for infringers can be found at the bottom of this page. If your auction was halted, please read on. Thank you.

Accept none other than Genuine Love Potion®!

Visit our website to learn more about Love Potion® Products
Love Potion® & Love Potion #9® Fragrances and More!
www.lovepotionperfume.com

Contact us by Email: potionluv@aol.com

Love Potion® Fragrances
Times Square Productions
520 Washington Blvd #199
Marina Del Rey, CA 90292

Attention: Because www.LovePotionPerfume.com offers a large number of hand-crafted one-of-a-kind items that were impossible to showcase using our former shopping cart program, we have decided to now EXCLUSIVELY use Ebay's Store services for our online sales, which offer us that unique ability. Therefore, there are NO offsite sales.

FAQ for infringers:
ATTENTION:
D'LISH/JESSICA SIMPSON DESSERT BEAUTY "LOVE POTION" FRAGRANCES BEING SOLD BY SEPHORA ARE GROSSLY INFRINGING UPON OUR U.S. REGISTERED TRADEMARKS. WE ARE IN LEGAL DISCUSSIONS WITH THEM NOW. ALL AUCTIONS FOR ANY OF THEIR INFRINGING PRODUCT WILL BE HALTED. THIS GOES FOR ALL VARIETIES OF THEIR "DELICIOUSLY KISSABLE LOVE POTION FRAGRANCE" AND THEIR "BELLY BUTTON LOVE POTION". DO NOT RELIST. SECONDARY SALES OF INFRINGING ITEMS IS ALSO AN INFRINGEMENT. WE CANNOT AND WILL NOT MAKE AN EXCEPTION FOR YOU, SO PLEASE DO NOT ASK. WE ARE A SMALL COMPANY DEFENDING OUR RIGHTFUL INCONTESTABLE TRADEMARKS AGAINST A CORPORATION THAT THINKS THEY CAN BULLY US BECAUSE THEY CAN AFFORD IT. IF YOU FEEL YOU MUST SEND AN ANGRY LETTER, PLEASE DIRECT IT TO THEM FOR THEIR ILLEGAL, IMMORAL, UNETHICAL BUSINESS PRACTICE. THANK YOU FOR YOUR UNDERSTANDING.

Update 6/4/04: D'Lish has admitted their wrongful tresspass against our Trademarks and will be relabeling their products in future. Halting of secondary sales of their infringing items will continue unless a satisfactory resolution is reached between the parties. If the item you are selling has the words "LOVE POTION" printed on the box, bottle, or tube, it will be halted no matter what the text of your listing says. It is the ITEM itself that is infringing. Removing the trademarked phrase from your auction text will not change that fact. PLEASE DO NOT TAKE THIS MATTER LIGHTLY. If you persist in relisting infringing items, Ebay WILL suspend your account after 2-3 warnings. THANK YOU ONCE AGAIN FOR YOUR UNDERSTANDING.

Sorry for any inconvenience to you. We are willing to answer one letter from you to further explain the matters discussed above and below. Please read this FAQ COMPLETELY before sending your letter. Letters of abuse, hostility or harassment will be forwarded to Ebay, and will result in you being banned from further contact.

1) Above is a copy of ONE of SEVERAL of our U.S. Registered Trademark Certificates.
2) Your auction was halted because you are infringing on our U.S. Registered Trademarks. You may not utilize our trademarks to vend on Ebay or anywhere else. Please cease and desist all infringements immediately, or further legal action will be taken against you.
3) If you are selling a homemade product and have the ability to rename & relabel your product without using our Trademarks, you may relist. You may NOT simply omit the infringing words from a commercial product.
4) The phrase "Love Potion #9" was coined by the songwriters Leiber and Stoller approx 50 years ago. They are partners in this company, and we own this trademark as well.
5) No one may utilize our trademarks without direct license from us. If you wish to license, please email.
6) If you happen to own the Trademark rights in another country, that does not give you any rights in North America. We are solely in control of U.S. Rights.
7) Reselling infringing items is still illegal, whether you were aware of the infringement or not. Once you've been warned via Ebay's Vero program or by our legal department, if you continue, you are committing a KNOWING infringement, and legally this is a much more serious offense.
8) Copyrights and Trademarks are two distinctly different things. If you are confused as to the definitions of each, kindly research it on the web.
9) Items are halted according to Ebay's Vero rules. We cannot contact people in advance, it is against Ebay's rules. Please understand, having an auction halted is a warning. Ebay allows only 2-3 warnings and then your account may be suspended. Please take their warnings seriously so that your account is not suspended or terminated. This is what WILL happen if you persist in relisting infringing items after you have been warned. Sending hostile, blaming, or pleading letters to us after you have ignored multiple warnings will not change things, so again, PLEASE take the warnings seriously!


If you have further questions, please educate yourself via research on the web or contact your own IPR Attorney. Thank You.

List of known infringing product, forbidden for resale to U.S. buyers:
{If your auction contains photos of infringing product, or the words LOVE POTION, your auction will be halted.}
Blue Q, Lucky Brand, Penhaligon's Love Potion No. 9 (items containing the abbreviation LP 9 are ok), Dessert Beauty: Belly Button Love Potion, and Deliciously Kissable Love Potion Fragrances (cologne without LOVE POTION on the bottles and boxes may be sold), Naughty Girl, Kamini, Fragrance Factory, Bitter Creek, Tarot, Aroma XPress...

The above companies have been contacted by us privately.

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