Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!

Tabberone Logo
The latest Hartsel weather.

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


Red Monkey Designs
Hall Of Shame Member
Added April 10, 2006


Last updated : January 21, 2010

Red Monkey Designs Store is located at 7209 Santa Monica Blvd., West Hollywood, CA 90046. One store for such an arrogant pile of monkey-shit-for-brains. It seems they spend their time trolling the intrnet for people who use the words "red" and "monkey" in the same hemisphere. from their attitude one would think they are much more important than they really are. But such is the lot of the arrogant fools that walk among us.

Their website is www.redmonkeydesigns.com. They sell over-priced jeans, watches, bags, cuffs, guitar straps and what appears to be other over-priced schlock for simple-minded people who believe high prices are the sign of high quality.

Red Monkey Designs has been added to the Tabberone Hall of Shame becuse they seem to be run by a group of apple-brained morons who haven't the foggiest idea what is really going on. The head apple-brained moron is one Torry Pendergrass. Maybe his jeans are too tight and restricting the flow of blood to his brain. Most employees and self-righteous morons at Red Monkey Designs appear to be men since much of their on-line symbolism for their products include bare-breasted women who have no relation to the product being sold.

Let's go into some detail about what we speak.

Seems an eBay seller listed USA Original Rockford Red Heel SOCK for MONKEY & Toys. These are socks made by Nelson Knitting out of Rockford, Illinois. As the listing suggests, these Red Heel socks would be great for making a sock Monkey and instructions for that are included. The idiots at Red Monkey shut down the auction for using the words Red and Monkey in the title and description. Hello, Morons! You don't own the words Red and Monkey except when used together to describe YOUR goods! You do not own the words RED MONKEY!

If Red Monkey were making and selling a line of sock monkeys we might agree that they would have some cause for looking closely at the auction, but they don't. And from what we can devine, they never looked closely at the auction, otherwise smarter heads would have prevailed, of which there are none at Red Monkey Designs.

When the seller inquired of Red Monkey Designs as to why the auction was terminated, the seller received an automated, asinine and totally wacked out Cease & Desist email that would be more laughable if it weren't so pathetic and a dangerous sign of the abject stupidity behind some corporations, including Red Monkey Designs.

The automated idiotic email never stated HOW the seller was infringing. The email rambles on about trademark rights without offering the recipient any clue as to what cuased the problem. Red Monkey Designs could take the time to order eBay to terminate the auction but not the decency and time to give the alleged infringer a civil email or an explanation of what caused the Notice Of Claimed Infringement ("NOCI") to be sent to eBay. Maybe the yo-yo's at Red Monkey Designs are too busy soaking up the California sun and harvesting whatever it is they are smoking to conduct real business.

The bombastic email threatened, among other things,

"...disgorgement of all your profits, injunctive relief, seizure and destruction of all goods that violate our Red Monkey trademark rights, our attorneys' fees, costs, treble damages".

A bit of over-kill that added to them being stuck on stupid since the seller was not infringing. Let's hope these people are never allowed to breed because they come from a very shallow gene pool..

Then, just to show they weren't finished displaying an incredible new high in stupidity, they said:

"If you nevertheless wish to communicate further on this matter, you must send a letter by mail on your company or personal letterhead signed by you to our trademark attorneys,"

followed by the address of their attorney, Crystal A. Zarpas, Esq. of Mann & Zarpas, LLP, and then followed by:

"No other communications, or forms of communications, from you will be accepted or responded to, whether by telephone, e-mail, fax or otherwise. You may not reply to this message and any other e-mails to any other addresses will not be replied to. No telephone calls will be accepted or will be terminated at the outset."

What? They will only allow you to communicate with them in writing? Telephone calls will be "terminated"? Arrogant bastards, aren't they? And that is being insulting to the bastards of the world.


It seems some yo-yo named Torry Pendergrass owns Red Monkey Designs and his excellancy apparently took some precious seconds out of his lordship's busy day to also email the seller a followup email that precisely proved that the people at Red Monkey had their heads so far up their collective asses that they were using their armpits for eyeholes. He states in his email:

Again, for those you who are confused: This is not a case of whether you are selling legitimate jeans or not.

Hello? Torry, the seller was selling socks made by Nelson Knitting out of Rockford, Illinois, not over-priced jeans made by you! One web site touting your schlock, by using what appears to be your news release, quotes you as saying, "Lack of knowledge inspires me". Wow! Every morning, when you look in the mirror, you must be greatly inspired. Your lack of knowledge is beyond inspiring.

What Red Monkey Designs doesn't say is that they were using automated software that keyed on the words Red and Monkey and the idiots in the office didn't proof-read before contacting eBay with a NOCI to terminate the auction. That means they couldn't possibly have a good faith belief as required by the DMCA for shutting down the auction and are therefor liable for damages under USC 512(f).


Now we turn to their attorney. What flaming legal moron would allow their name to be attached to such a hideous email? Seems one Crystal A. Zarpas, Esq. of Mann & Zarpas, LLP, of Sherman Oaks, California certainly did.

We can only speculate as to what type of counsel would not only consent to being the attorney for Red Monkey but to also allow their name to be on such an inane email as sent by Red Monkey? No one we would reccomend hiring, even pro bono.

 

 

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.

General
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game

Definitions

Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine
; Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description   |   Registration
Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns
Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline
Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

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
<

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

Original material by Karen Dudnikov & Michael Meadors is © 1999-2017

 

 

iweb counter