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From: "Shelley" To: karen@tabberone.com Date: Mon, August 23, 2004 9:05 pm Subject: Re: take a deep breath Dear not-the-Karen but-the-Mike, Thank you for your email. I find it most thoughtful and compelling. It is good to hear a voice of sanity today. I do not feel good about what I agreed to - or would have if they had called me back. I was going to agree to not use Timgirl. And scrape the offending "tim" and the logo off my boxes. Now? I don't know. Also there is an update...VERO called me and I explained the situation. Oh - never mind. If I use "Timgirl" in the auctions - that is unacceptable. VERO will give me leeway if it's in the descriptions and not the title. But Timberland won't allow any "tim" at all. funny how they have not bothered ebayers who are doing that - ones who don't use it in the title but the description. They claimed not to know sellers were flying under radar. but now I wonder if that is true. We'll know if they are ALL pulled off due to my unintended action of bringing this to their attention. but it is so academic, isn't it? None of this is acceptable. they are also making a big deal out of the Timgirl logo. They say it resembles the Timberland tree logo. I have been too damn exhausted to confirm or verify this with my own eyes. But Timgirl is not using that logo anymore - on the new boxes. they say. I did send Timberland and their lawyers a link to your site. they haven't hollered about that yet, so they either do not care or do not know. I am 100% in favor of this being publicized. The email campaign has already begun, such as it is. I maintain a email list of favorite bidders. It's not big. But they know and are very interested in the outcome. Even the people I talked to at ebay thought this was overboard. The first person at ebay said, if they VERO you that's it we have to take you off. Then Chase at ebay said no, only if there is infringement. This is as Evan Gourvitz, the lawyer, told me he would VERO my auctions, period - that the boot itself is not allowed, it infringes. Again, the boot itself has no identifying marks or logos. But besides all this - yeah, even ebay agreed with me. but they can't really help me if I use "timgirl" and Evan VERO's me. Nobody is being sued, why not? If they are so sure it's infringement? Anyway, back to publicity. I fully expected you to keep this up and maintain it - I mean, I want you to. I certainly stand behind my words. Not a one is untrue. and of course you offer to let companies rebut if they want - what is the problem? What I did not want publicized is, you know, that I am crying and personally emotionally hurt. That Evan is an officious prick (can he sue me for defamation?) That I screwed other ebay sellers who WERE flying under radar...even though why should they get to use the name and the box and I have to tapdance and bow and scrape only because I stood up for myself?? That's what I don't want people to know. Hell yes, let's publicize this. I want to. Just edit me with a bit of judgement. :-) I do trust you. What should my next move be?
Options: I told them at ebay I was going to creatively say, something like this multinational 917 million $ co won't let me use the name of the boot even though it's not their boot, but they are very threatened by little old me so I can't say it, but it's the same boot other sellers are getting away with, it doesn't even look like their ugly-ass boots, blah blah you get the idea. All the while, the publicity campaign should be going on. If they tell me we won't screw with your auctions IF you get this information taken down, that is a flat HELL NO. I'll keep the damn boots. We are talking about an $1800 investment. It won't kill me if I cannot sell them. but surely I would like to. Or...what? Do I sue them? Do I drag them into court? On what charge? These lawyers HAVE confused me. I don't know what to do. Nor do I want my life to be ruined. My ebay business to be ruined, my seller id to be suspended, which it certainly will if I repost the auctions with no changes, the damn IRS being sicced on me... These boots were only meant to round out my winter listings...I do like them, think they will sell well, and depending on how the auctions do, maybe would want to turn it into more of a main line. OK. you can print this in it's entirety, or as you see fit. So they made me cry. Yeah, that is the point in a way, isn't it? I am just a human being here trying to build something for myself. I did nothing wrong. I am a regular person, I work hard, I take ebay seriously, and I really do enjoy what I do. I see no infringement. They are very firm that they DO see infringement. and yet, no litigation is pending against Timgirl - not that I want them to - the people at Timgirl have been as helpful as they have been able to be. No they just want to stomp me because VERO allows them to do it. I'm getting emails. A bidder demanded her letter be forwarded to protest this. She was upset her bid was cancelled. Others are telling me - without my encouragement - that they are boycotting Timberland and are telling others why. My lovely friend Suz told me she won't wear her one pair anymore. I suggested she take a dump in it and send it to Evan, the Officious Prick, the Dickless Wonderboy. I mean you know he must be one helluva lawyer if his job is trolling ebay to play tattletale. Yeah, I bet they put their best people on that one. And you realize - he can't even do that right. His fancy education evidently didn't cover how to use Search properly. I hope you get to talk to him someday. He conveys just the right amount of contempt. I'm in. Print it up. All of it, let it fly. I'll be researching further to investigate this company's practices. I know they have accolades for being so environmentally friendly or some such. They give the appearance of caring about their image. Why, why, why is this huge company so horrifyingly threatened that they retain a fancy law firm just to play ebay cop? WTF? C'mon! there are only about 6 or 7 Timgirl sellers on ebay! I don't know when/if/how I am going to actually list my boots. I'll think about it. I am afraid, Mike. I want to do what I like to do - be one FABULOUS ebay seller. I am good at it and I like it. That's all I want to do. But I don't think I can live with myself if I just give up and bow and scrape and kiss their ass so they will be so generous as to let me sell my product. No. My husband does not like that idea either. His wife should bow down? No. I won't negotiate with them anymore. They are wrong and that's it. Let all of this be known. Get the story out there. Let me know what I can do. I feel better about this already. :-) Your wife, BTW, is just an incredible inspiration. I think you know...you all are famous...you are about the only ray of light out there on this issue. I'd rather throw my lot in with you guys than kiss Evan's Officious Ass. IT IS BETTER TO DIE ON YOUR FEET THAN LIVE ON YOUR KNEES So be it. Shelley |