Tabberone is pronounced tab ber won
not tay ber own
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Tabberone is pronounced tab ber won |
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February 3, 2004 Karen DudnikovMichael Meadors P.O.Box 87 Hartsel, CO 80449 Dear Ms. Dudnikov and Mr. Meadors: This letter sets out the terms of the settlement of the dispute between Karen Dudnikov a/k/a TabberOne, and Michael Meadors (individually and collectively, “TabberOne”) and United Feature Syndicate, Inc. d/b/a United Media (“United Media”) (each, a “Party”, and collectively, the “Parties”). 1. United Media will ask eBay to remove any negative record accorded to TabberOne as a result of United Media's request that eBay suspend certain of TabberOne's auctions. The form of this request is attached as Attachment A. In the future, United Media will not request that eBay take down your auctions for your hand-crafted goods made from United Media licensed fabric bearing trademarks associated with the PEANUTS property on the grounds that such goods constitute unauthorized derivative works or trademark infringements. The foregoing sentence shall apply solely to goods of the type being sold on your website and on eBay as of February 3, 2004. 2. TabberOne will dismiss with prejudice the lawsuit filed in the United States District Court for the District of Colorado, Civil Action No. 03-D-2298 (PAC). The form of Stipulation of Dismissal and related Order are attached as Attachment B. 3. United Media will pay your out-of-pocket expenses relating to the filing of the lawsuit, such expenses not to exceed $500.00. 4. This agreement is personal to you. It is not assignable or transferable. 5. In accordance with the spirit of this agreement to resolve amicably the dispute 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. Please indicate your acceptance of this agreement by signing this letter. Of course, we suggest you consider consulting with an attorney. Once you have signed the letter, please return it to me along with a signed copy of the Stipulation of Dismissal with Prejudice. I will arrange for the filing of the Stipulation, a corresponding order, and the drawing of a check to you pursuant to paragraph 3. Sincerely yours,
________________________ Accepted and Agreed to:
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