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We've got the warm fuzzies you've been looking for.
Fabrique Innovations
d.b.a. Sykel Enterprises

Hall Of Shame Member

Last Updated - January 24, 2010


Sy Garfinkel
Who are Sy Garfinkel and Howard Leibowitz? In our opinion, two whose lunch money must have taken by the schoolyard bullies and now, chronologically adults, they have become bullies themselves. They run a New York-based fabric company called Sykel Enterprises, a division of Fabrique Innovatations. This is a long story, and amusing at times, but a sad tale of how trademark and copyright law is perverted to fit the narrow little minds of those who want to harm others. We justify this opinion in the facts we present to support what happened.

We have what we consider to be an artist's rendition of Sy on the left (we've heard he only comes out at night) and his good buddy, Howard, on the right. Sorry about the slur to baboons. Baboons have character; in our opinion, Sy Garfinkel and Howard Leibowitz have none.


Howard Leibowitz


Sykel Enterprises, the business name of Fabrique Innovations, is telling people they cannot resell their fabric or items made from their fabric. We nominated their president, Sy Garfinkel for the Pompous Twit Of The Year Award 2005, with honorable mention going in twit-in-waiting, Jeff Ross. It seems that as of February 23, 2006, Sy Garfinkel was really pissed-off. He had his lawyer send us a Cease And Desist letter concerning his inclusion on this web site. We cannot understand why he is annoyed. It must be because he has been kept waiting about the Pompous Twit Of The Year Award 2005. Well, Sy, we are sorry. We should not have made you wait. Congrats, the balloting is in and you have won. And, Jeff gets Honorable Mention. We will send you a signed Pompous Twit Of The Year Award 2005 certificate if you will have your lawyer contact ours.


Just to make sure of the names we are using we looked up twit online. This definition comes courtesy of http://www.infoplease.com/dictionary/twit. The word twit means an insignificant or bothersome person. That's Sy.


Update #4: August 21, 2008 FLASH! ~ Sometimes good things just fall into your lap if you wait long enough. Today, we received an email from someone who claimed to be an ex-employee of Sykel and Sy Garfinkel. The email says some interesting things about Sy Garfinkel. Click Here to read the email and our further comments about it. The problem with this email is that it originated from the Sykel Corporate Offices in New York. Sy, you are pathetic.

Update #3: May 16, 2007. ~ Sy Garfinkel is now threatening people, telling them he is going to report them to the IRS and their state sales tax licensing departments. More details HERE. Sy, we were wrong. You are no longer a pompous twit. You have become a full-blown flaming asshole! Please have your jerkwad lawyer, Darren B. Cohen, of Reed Smith LLP, send us another threatening letter. We miss him, and you, and we need another good laugh.

Update #2: March 29, 2007. ~ Sy Garfinkel is still at it. He is stuck on stupid, stupid, stupid. He is still emailing people about the lawful use of the fabric and attempting to scare them. Seems he was a coward last year and he got the Collegiate Licensing Company, another member of the Tabberone Trademark & Copyright Abusers' Hall Of Shame, to do his dirty work. But, CLC seems to have stopped shutting down legitimate auctions. So, Sy's back. And still stupid. That is the Sy we all know and love.

Update: February 25, 2006. ~ On Friday, February 23, 2006, a lawyer named Darren B. Cohen, of the law firm Reed Smith LLP, sent us a Cease And Desist letter on behalf of Sy Garfinkel, President of Sykel and Fabric Innovations. Seems Sy Garfinkel is a teensy bit upset at being called a pompous twit. Reed Smith LLP has been added to the Tabberone Trademark & Copyright Abusers' Hall Of Shame. Details below. We are STILL waiting for the lawsuit!

We are always suspicious of any company with an AOL email address. Sykel uses SYKEL@aol.com. Their website is http://www.sykelenterprises.com/. According to their website, their mailing address is: Sykel Enterprises, 48 West 38th St, New York, NY 10018. In our opinion, reputable companies with web sites use the web site email address which looks more professional. Professional is not something we would accuse Sy & Howard of being.

Seems these folks sell a lot of licensed fleece fabrics and regular cotton fabrics. Some with the Boy Scouts, US Army, NCAA Colleges, etc. Some are just regular prints. On the selvage, Sykel has placed the wording in red letters:

FOR PERSONAL USE ONLY. NOT FOR RESALE. ALL VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.

What a crock. These people are not living in the real world. They are trying to control the secondary market. What law, Sy? And whom have you prosecuted? No One! That's who, you pompous twit. You jump up and down like some baboon clown screaming about YOUR rights and not once, not once, have you actually done anything but make noise. We invited you and your simple-ass lawyer, Darren B. Cohen, of Reed Smith LLP, to sue us in February of 2005 and you have done nothing.

On November 7, 2005, some twit named Sy Garfinkel, president of Fabrique/Sykel, emailed DM DOOS IT ALL with a wildly threatening email about trademark infringement. All DM DOOS IT ALL was doing was reselling a piece of Sykel fleece that had been fashioned into a fleece throw. Guess what? That's what one is expected to do with the fleece when they purchase it! Not according to Sy Garkinkel.

As usual, the threatening email made all sorts of allegations that any reasonable person would recognize as lies. Sy Garfinkel must have taken Stupid Intimidation 101. His claims have little or no relationship to the truth. We don't have all of the emails Sy sent. Sy Garfinkel's first email that we have to DM DOOS IT ALL would be more laughable if this yo-yo weren't dangerous. Compare Sy Garfinkel's email to the Auction In Question and we think you will see what a pompous twit he really is.

Hey, Sy. Lanham Act is capitalized!

Sy Garfinkel falsely alleges

  1. reselling re-packaged Fabrique Innovations products - The fabric is bought off the bolt. It's not packaged in the first place and there is nothing in the listing stating or implying packaging of any kind.

  2. repeated false representation fabric is licensed by NCAA - Sy, baby, the fabric IS licensed by the NCAA, to YOU, you twit.

  3. product violate Fabrique Innovations' NCAA license - No. Read your license, Sy. The sale of the fleece throw doesn't violate your license. The sale of the fleece throw isn't covered by your license. That's a blatant lie.

  4. practices constitute false advertising - Where? What did he say about the fleece throw that wasn't true?

  5. false representation that DM DOOS IT ALL is a licensee - Again, where? The wording is specific in the listing:

This is not a licensed University Wisconsin NCAA Product. It is however hand-crafted with care from licensed NCAA fabrics. Dmdoos is not affiliated with or sponsored by University of Wisconsin.

  • unauthorized and false use of the NCAA logo - Sy, show us where the NCAA logo appears and we might give you this one. However, look as you may, the NCAA logo is no where in the listing. Need glasses, Sy?

  • not selling genuine Fabrique Innovations licensed NCAA merchandise - Huh? Are you saying your own product isn't licensed?

  • Sy Garfinkel alleges that DM DOOS IT ALL has

    "taken Fabarique Innovations merchandise and adulterated it by cutting, re-forming and repackaging it, thereby changing its appearance and design and the nature of use for which it was intended."

    This one is a real beaut, Sy. Fabric is supposed to be cut and re-formed so how is that "adulterating" the fabric? Adulterate means

    to corrupt, debase, or make impure by the addition of a foreign or inferior substance or element; especially : to prepare for sale by replacing more valuable with less valuable or inert ingredients

    Are you that mentally challenged that you simply toss about definitions that are impossible? How does one "adulterate" fabric? Tell os, Sy Baby. We want to know. However, another of your lies is that the design was changed. No it wasn't. The design is the same as it was when it was manufactured and it does not change if the fabric is cut. The fabric is not covered by the copyright, only the design that was printed on the fabric. The bit about the Fabrique license is pure garbage and unenforceable upon a third party.

    And the beat goes on. Seems Tabberone obtained some Sykel fleece and listed it for sale on eBay. The auction listing was for the fabric only. Guess what? On November 9, 2005, Tabberone got an email from another Sykel twit, Jeff Ross, that said:

    WE HAVE FOUND THAT YOU ARE SELLING OUR FLEECE FOR THE UNIV. COLORADO #8720890773 & 8720890644. WE REQUEST THAT YOU POST OUR DISCLAIMER, AND REMOVE

    Selvage says fabric manufactured by Sykel Enterprises, a Division of Fabrique Innovation and 2005 University of Colorado. The end of the bolt had the logo and the hologram of the NCAA on it. Tabberone is not affiliated with Sykel Enterprises or the University of Colorado.

    PLEASE ADD INSTEAD;
    FOR PERSONAL USE ONLY. NOT FOR RESALE. ALL VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW. PLEASE CONFIRM YOUR UNDERSTANDING

    No, Jeff, we won't. Is your CAPS LOCK key stuck? If it is not then you are a very rude person. Tabberone told him that:

    Sorry but I am under no obligation to modify the listing to include your disclaimer. Your disclaimer has no legal basis in either state or federal law and I am free to sell resell this product.

    Your disclaimer would give the impression that I have the right and authority to prosecute potential buyers of the product.

    I do not have that authority and that would be misleading.

    And I have no idea who you really are with an AOL account, you could be another eBay seller trying to get me in trouble. And I'm sending this message twice since AOL sometimes blocks hotmail, expect another message from my yahoo account.

    Jeff Ross, twit-in-waiting, and with his CAPS LOCK key still stuck, quickly responded with:

    WE ARE THE LICENSED MANUFACTURER OF THE PRODUCT YOU ARE SELLING. PLEASE CALL US TO DISCUSS THIS SERIOUS MATTER.

    Serious matter? To whom? To which we replied:

    I don't know what else we have to discuss. There is no legal basis for your demand.

    To which Jeff Ross whined:

    WOULD YOU AT LEAST POST; FOR PERSONAL USE ONLY. NOT FOR RESALE. IF YOU DO THIS, WE WILL CLOSE OUR RECORDS IN THIS MATTER.

    Close their records? Hot damn. What an offer that no one could reasonably refuse. Tabberone replied:

    Sure enough, just as soon as you show me something specific as how this auction item is in violation of the First Sale Doctrine.

    And show me state or federal statutes that say your selvage statement is enforceable.

    Otherwise please leave me alone.

    Not to be outdone, on November 9, 2005, Jeff Ross again thumped his scrawny chest and whined again with the last threat:

    I WILL ADVISE THE OWNER OF SYKEL ENT OF YOUR REFUSAL TO POST OUR DISCLAIMER. IT WILL BE HIS DISCRETION AS TO WHAT STEPS WILL BE TAKEN IN ORDER TO PROTECT OUR LICENSE WITH THE UNIV. OF COLORADO

    The twit-in-waiting actually had the gonads to copy in ROBERT MILLER ATTY. AT LAW, like we care. Do we look like we care?

    We haven't heard again from Jeff Ross, twit-in-waiting, or "the owner" as threatened. And. we haven't changed our listing. Oddly, we have never heard from ROBERT MILLER ATTY. AT LAW. Could it be that this was a name pulled from Jeff Ross' posterior opening?

    Hey, Jeff, just an FYI for you - STOP USING ALL CAPITALS WHEN YOU EMAIL PEOPLE, YOU TWIT! It is rude.

    In our opinion, Sykel, et al, is nothing more than another pompous bully, using legal jargon to intimidate and frighten while they attempt to control the secondary market. Sykel tosses out legal references that, on their face, seem intimidating but are only a problem if in fact someone is infringing. The cases above are not infringing by any stretch of the imagination. Sy Garfinkel's repeated references to "Fabrique Innovations' NCAA license" are a sham because that license cannot be held against a third party. that is elementary contract law. The license is between the NCAA and Fabrique and no one else. So why do they do it? Are they demented? Are they just stupid? Do they need more parental supervision? Inquiring minds seek answers to these questions.

    Just an FYI for Sy and Jeff - we are contacting the other sellers you intimidated into changing their listings to let them know that you are just bags of hot air.

    Email contacts for Sy Garfinkel and Jeff Ross is SYKEL@aol.com

    UPDATE January 4, 2006 ~ Today we received an email that proves us wrong. We thought Garfinkel and Ross were Stuck On Stupid but their latest antics show they are moving deep into what we would describe as Moronic. They are now threatening legitimate sellers with the threat that they cannot re-sell the fabric! What?

    An eBay seller received threatening emails from our favorite Pompous Twit, or PT for short. They have changed their tune: now they are saying that one cannot resell the fabric.

    Hey, Sy, just an FYI for you also - STOP USING ALL CAPITALS WHEN YOU EMAIL PEOPLE, YOU TWIT!

    Again, Sy, who thinks he's some sort of legal beagle, is way off base. Fortheloveoffabric set him straight with her email where she also tells him his fabric sucks:

    "I am receiving complaints from my customers, who say the fabric is thin, and pills easily. I dont not sell product of low quality, and was very disappointed with my purchase".

    There's no reason to re-hash the above arguments. They haven't changed. We believe Sy is way off base and is clueless. There is no state or federal law that allows him to impose the terms of his agreement with the NCAA upon a third party.



    Hey, Sy!
    Sy Garfinkel Threatens To Sue Us!
    Kiss this!

     

    On Friday, February 23, 2006, we received a threatening Cease And Desist letter from a lawyer representing Fabric Innovations and Sy Garfinkel. They allege defamation of character. The lawyer, Darren B. Cohen, from Reed Smith LLP, must have slept through Constitutional Law 101 (along with James Zendejas) and then slept through Due Diligence 102.

    We discuss the Cease And Desist letter in more detail under the Reed Smith Hall Of Shame entry.

    One particular passage here, though. Cohen characterizes our critique of Sy Garfinkel's business practices as being "irrational and hateful rantings". There was nothing irrational about our opinions of the manner in which Sykel and Fabric Innovations does business. They are logically and reasonably laid out and in direct response to the stupid remarks and demands of it's President, Sy Garfinkel. As far as "rantings", come now, Darren, look up the word. You are way off base. And hateful? We do not hate Sy. We feel he is a pathetic creature who should be pitied, not hated. In our opinion, if Sy does business in the same manner he sends emails to non-infringing sellers, we would not recommend anyone ever buy stock in a company he manages or owns. And Darren, when did "hating" someone become actionable? And as you admitted to our legal representative, Darren, you could not specify any one passage on the web pages that was taken out of context or that was a lie. So what does that make you, Darren?

    Hey, Sy! Go blow smoke somewhere else. We're still waiting for that lawsuit you promised.

    Just to make sure of the names we are using we looked up twit online. This definition comes courtesy of http://www.infoplease.com/dictionary/twit. The word twit means an insignificant or bothersome person. That's Sy.
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