From: "Eisenman, Nicholas" Nicholas.Eisenman@mlb.com Date: November 2, 2010 11:23:57 AM MDT Subject: RE: EBay listing removals Dear Mss. Berg, As you are probably aware, MLBP also cannot give you legal advice , and you should consult with your own trademark counsel. That being said, the items you had listed for sale were unlicensed items bearing MLB-related trademarks (the “Items”). The manufacture, marketing, offering for sale and/or sale of the Items is an obvious attempt to benefit from the goodwill associated with Major League Baseball. Such activity is likely to confuse the public and mislead consumers into believing that the Items emanate from the MLBP and/or their official licensees. As such, your manufacture, marketing, offering for sale and/or sale of the Items constitutes trademark infringement, unfair competition, false designation of origin, and/or trademark dilution, in violation of federal, state and/or the common law. As for disclaimers, MLBP understands that there is evidence and case law to suggest that if the product is so confusing, then no disclaimer will remove that confusion and in some cases even heightens the confusion. Your products use identical marks, so there can be no question that a consumer could believe that the marks represent any of the Major League Baseball clubs, which creates confusion in the marketplace because these products are not authorized to be made by any of the Major League Baseball clubs. Thank you, Nicholas Eisenman Counsel, Trademark Protection & Special Projects Major League Baseball Properties, Inc. 245 Park Avenue, 30th Floor New York, NY 10167 212.931.7532 - direct telephone 212.949.5697 - facsimile nicholas.eisenman@mlb.com MLB Network: Our National Pastime, All the Time. Visit MLBNetwork.com to find your Channel Number.