Tabberone is pronounced tab ber won not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me! "The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke

This email was received from "David Abramowitz" through the Tabberone site email form. Why "David Abramowitz" didn't email us from his office, we don't know. He appears to be an attorney in Chicage specializing in "intellectual property" and "pharmaceutical litigation" for Locke Lord Bissell & Liddell LLP. And David, we did not "presume" that FDA regulations were violated. That was the stated reason from eBay as supplied to eBay by Merle Norman's lying corporate lawyers (opps - that's redundant). We replied to "David" pointing out the item for sale was an unopened full-size product nor was it a "lesson material". Even if it were, there is no federal regulation that prohibts these from being resold. Additionally, limits on use, such as "Not For Resale", are manufacturer limitations that cannot be enforced once the product is sold or given away (see the First Sale Doctrine). "David" never responded. Would you like to bet he represents Merle NitWit in some capacity? A rather cowardly approach for an attorney who initiated contact. Afraid to debate the issues?

Trademark Question? From: 105445.2515@compuserve.com Sent: Mon 7/30/07 12:00 PM Reply-to: 105445.2515@compuserve.com To: tabberone@hotmail.com FirstName: David LastName: Abramowitz comments: Your article on "Merle Norman" correctly states that ebay pulled certain ads based on Merle Norman's request that the sale violated FDA regulations. You then make the assumption that the FDA regulations that were violated had to do with the ingredients of the product. There are many FDA regulations, and most of them have nothing whatsoever to do with product ingredients. Here are some reasons why the plug was pulled: The product for sale was part of a Merle Norman gift package specifically labeled "Not for Resale", or "Not for Retail Sale", or "Not for Trade". The product for sale may have been part of a store's "lesson material" and similarly labeled. I am not privvy to the precise details of the situation. I just think that it is wrong to make an assumption of this nature until all of the facts are known. I can tell you that this product may be found today on the shelves of any Merle Norman store, and that there is no action pending by the FDA against any Merle Norman store regarding this product. email: 105445.2515@compuserve.com