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From: Shelley To: karen@tabberone.com Date: Sat, August 21, 2004 12:00 pm Subject: thank you so very much Wow, thank you. I am so flattered to have a personal reply. I will revisit your site. I do appreciate your pointing me in the right direction. Timgirl is not, to my knowledge, registered. Timberland is not specifically listed as being registered, either. Here is the contact info in the email I received. After a search I found out that Fross Zelnick is a big intellectual-property law firm, and Timberland is listed among their clients. "If you believe your listing was ended in error, or have questions regarding the removal of this listing, please contact the intellectual property rights owner directly at:
The Timberland Company Naturally I have already called Fross Zelnick, emailed the above address, and I will be calling Fross first thing Monday. I have also obtained the corporate info on Timberland and plan to call them also, just to let them know what their law firm is improperly doing. The paper trail has already been started. I sincerely believe this to be a mistake, as there is nothing even remotely similar between my Timgirls and their Timberlands. Any opinion, advice, warnings, contacts, etc. you give me would be most welcome if you are so inclined. I was planning on relisting tomorrow with the auction title changed (to conform with others selling exactly the same thing on ebay). However, at this point, I've decided, why try to fly under radar? I believe they are dead wrong. Thanks to you, I believe I can confront them head-on and try for a amicable resolution. I am going to try the sincere approach first, but I will refuse to allow myself to be bullied by their fancy law firm. If you can do it, so can SOME, I believe I am one of them. Thank you Ms. Tabberone! You are just fabulous. Oh yes - the CO law...commerce interference? I wonder if FL has the same or similar law, or if their is a federal law that speaks to that. I will research. But honestly I believe that the law firm themselves will own up to the mistake. I absolutely fail to see why I cannot use the legitimate name of that product. It is a REAL name. Give me a break! Thanks again and thanks for hearing my rant. Shelley ----- Original Message -----
From: "Karen Dudnikov" First off, they are probably claiming trademark so eBay will not forward your counternotice. Check my trademark page-VeRO program. There is a counternotice there with instructions. You're not the first person they have shut down. I can't remember, is Timgirl registrered?
Karen |