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From: "Shelley" To: karen@tabberone.com Date: Mon, August 23, 2004 9:09 am Subject: update - it's bad. I just got off the phone with Fross Zelnick - talked to an ass named Evan Gouritz. He told me simply that the items were infringing and I was not allowed to sell them on ebay, period, not even if I entirely do not mention the Timgirl name. ----- Original Message ----- From: "Inquiries inquiries" inquiries@frosszelnick.com To: Shelley Sent: Monday, August 23, 2004 10:50 AM Subject: Re: VERO removal notice Thank you for your email. We represent The Timberland Company ("Timberland"). Our client designs, engineers and markets premium quality footwear, apparel and accessories under the Timberland® brand name. Timberland owns numerous U.S. and foreign trademark registrations for the TIMBERLAND mark and the TIMBERLAND logo for footwear and other products. Timberland's products also are known to consumers by the terms TIMS and TIMBS, to which our client also asserts exclusive rights in connection with footwear. As you can appreciate, our client, which has invested enormous resources in developing its products and its reputation for quality over the years, must protect these valuable assets, even when sellers may not themselves be fully aware of the impact of their conduct. Your product is a pair of boots apparently branded with or sold under the name TIMGIRL in an attempt to create confusion with, or to benefit from the reputation of, our client and its TIMBERLAND-branded products. As a manufacturer and/or distributor of such infringing products, you are potentially liable for trademark infringement under section 32(1) and 43(a) the Lanham Act, 15 U.S.C. 1114(1), 1125(a), as well as related federal and state causes of action. Moreover, simply using TIMGIRL in the title and description of your auction for a non-TIMBERLAND product in order to attract people to that auction is potentially an act of infringement and/or unfair competition in violation of the Lanham Act and related state causes of action. If you have questions about your role and/or liability in this matter or information to offer regarding the supplier of your boots, please do not hesitate to contact us.