Tabberone is pronounced tab ber won
not tay ber own

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

RELEASE AGREEMENT

This will confirm our agreement to settle our dispute concerning your eBay auction listing number 3250942625 (the "Subject Auction") and the declaratory relief action you have filed in the United States District Court for the District of Colorado, (the "Lawsuit") which has been assigned Case No. 04-D-0264 (PAC), styled as KAREN DUDNIKOV, a/k/a TABBERONE, MICHAEL MEADORS Pro Se Plaintiffs vs. SANRIO, INCORPORATED, a California Corporation Defendant" (the “Action”).

1. Sanrio, Inc. ("Sanrio") agrees that once a copy of this letter, signed by you both, and a conformed copy of your request for dismissal of the Action, filed with the District Court for the District of Colorado, is returned to me, Sanrio will ask eBay not to count the take down notice on the Subject Auction against you, copying you on the e-mail. Also in the future Sanrio will forbear from requesting that eBay or your other ISP take down your website at TabberOne.com or any of your auctions of your hand-crafted goods made from licensed fabric on the ground that such goods constitute unauthorized derivative works. (It is understood that this forbearance applies only to you, using seller name "Tabberone" or "Tabber's Temptations" via your website TabberOne.com and not to any other seller who may engage in similar activities.)

2. It is understood that Tabberone makes and sell hand-crafted items from licensed fabric bearing Sanrio properties and will use photographs, including close-up shots of the licensed fabric used to make the item, as reasonably necessary to show the item for sale in a particular auction and to describe the item as being made from licensed Sanrio fabric. Also, you will arrange for dismissal of the Action including any follow up required after you file your request for dismissal.

3. Sanrio agrees to pay plaintiffs Karen Dudnikov and Michael Meadors the sum of XXXX.XX to defray costs and expenses incurred in connection with this matter. Plaintiffs and each of them agree that the amount paid by Sanrio pursuant to this Agreement shall be confidential and that any disclosure of this amount shall render this agreement null and void, unless required by law or court order. .

4. In accordance with the spirit of this agreement to resolve amicably the disputes between the Parties, neither Party will take action against the other or the other's interests, either directly or indirectly, without first notifying the other party of an apparent problem, and the Parties will try to resolve the matter amicably between themselves prior to resorting to other remedies or avenues of resolution. (Signed) Karen Dudnikov & Michael Meadors Sanrio, Inc. (signed) Randy Patterson Its: Vice-President

 

 

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.

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