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Vera Bradley Hall Of Shame Member Added March 28, 2007

Vera Bradley, also known as Very Badley (because of their bad-itude), is now a proud winner of the Tabberone WESAYSO Company Award. Where to begin? There's so much wrong about their eBay VeRO Page and their web site legal page. The legal misrepresentations are so numerous that they have to be intentional. These pages are a primer for anyone who wants to study how bottom-feeding corporate lawyers lie and misrepresent their legal rights and minimize your rights. Here's a sampling of what we consider to be deliberate misprepresentations (a.k.a. lies) from the VeRO Page and why: Looking for New Vera Bradley® Products? You won't find them on eBay. Wrong. What they don't want you to find on eBay are new Vera Bradley products being resold so they redefine the meaning of new. It's not new once you have bought it. WOW! That works. What in the hell do they think they are doing? Nothing in trademark law or copyright law gives Vera Bradley and her corporate lawyers the right or the power to redefine a word to suit their attempts at controlling the seconday market. If you are a consumer reselling a product that has been purchased from a retail store, you may not claim that the product is new when listing it for sale. Alright Very Badley, please show us a law or court ruling that supports that claim. You cannot because there is none. This is a lie and Vera Bradley and her bottom-feeder corporate lawyers know it. This is a lie and you know it. In addition, if you suggest that your goods are new, ... this would be false advertising. Not if the item is new. False advertising requires someone to make a false statment of measurable fact. It is new if it is still unused and in the original wrapper (if it came wrapped). These activities violate Vera Bradley®'s rights. Not per se, they don't. There is no violation of anyone's rights if the seller is telling the truth and accurately describing the product. The definition of "new" is subjective and not determined by Very Badley. All products sold at the annual Vera Bradley® Factory Outlet Sale are sold on the condition that they will be used solely for personal use and not for resale. Any sale of such goods will be in violation of the condition, and will not be a legitimate sale of Vera Bradley® products. Based upon what law? Please, show us any statute that gives you the right to impose restrictions of this type on a product being sold to the public. We can show you one that says you cannot. It's called the First Sale Doctrine and is part of US Copyright Law. Without a signed contract, your conditions, that is your lies, are illegal and unenforceable. They (the flea market) are not allowed to sell it. Vera Bradley® makes an effort to prevent the sale of unauthorized products, but some occasionally filter through. However, both their sale and any downstream sales are unauthorized. Again, based upon what law? Vera Bradley's corporate lawyers keep pounding away at the same theme but where's the meat? Not between their ears. Unauthorized use under the Lanham Act deals with counterfeit marks and counterfeit goods. Not actual products. And Vera, what part of the First Sale Doctrine specifically exempts you from federal law? Nothing that we have discovered. Vera Bradley® owns the copyright interest in the photos and text that appear in its promotional materials, on its web site, and on product packaging and tags. These materials cannot be lawfully reproduced by anyone without permission from Vera Bradley®. Whew! Wordy and not completely true. Text on packaging, as well as technical data and specifications, are not copyrightable and therefore can be copied, word for word. Promotion text use is lawful if it accurately describes the item being sold. And, we seriously doubt that a court would find use of a stock photo to be copyright infringement. So, again and again, you lie, lie, lie. The Vera Bradley® name, trademarks and service marks belong to Vera Bradley® and may not be used by anyone or any business without the company's written permission. Wrong. Fair Use under trademark law allows the use of the name and trademark to accurately describe the item being sold. Permission is not required for that. Vera, you paid for this legal advice? Ask for a refund. Vera Bradley's boys harp on whether the item is "new", by their definition. Play ground bullies is all they really are. Shame on you, VB. You and your corporate hacks don't have to lie to protect your trademarks and copyrights. But you are. You really are trying to control the secondary market. You're the type who used to have their lunch money taken during recess and now you have the legal jargon to use to beat up on others. That makes you a loser in our book. Use consumerwebfaq@verabradley.com to contact VB by email.

Vera Bradley also qualifies for a Dodo Cluster on their WESAYSO Company Award.

An eBay seller, crazycoolaccessories, had 7 auctions terminated by Vera Bradley in March 2007. eBay has also suspended crazycoolaccessories because of these auction takdowns. To view a similar auction to those terminated CLICK HERE. When asked why Very Badley terminated these auctions, crazycoolaccessories received an email that claimed: "If an item was not manufactured by Vera Bradley® or originally sold by Vera Bradley®,.... You may not use any Vera Bradley® mark in the title of an auction...." . Whoa, there, Skippy. crazycoolaccessories was selling an item made from Vera Bradley fabric. That makes the fabric manufactured by Vera Bradley. What is the purpose of selling fabric? Yes, you Dodos, to make stuff. You unlawfully terminated these auctions and got a legitimate eBay seller suspended. You are pathetic.

Vera Bradley

And it gets worse. Another Snow Job In March, article by the Berry Sreet Becon on March 16, 2008, about Vera Bradley lying about plant closures in Indiana. Plant closings will result in 537 layoffs, article by the Business Weekly on March 21, 2008, about Vera Bradley lying about plant closures in Indiana. Workers who made Vera Bradley items qualify for assistance, article by the Business Weekly on May 16, 2008, about Vera Bradley's laid-off workers. Handbagged: Vera Bradley Puts Three Fort Wayne Companies Out Of Biz, article by Taking Down Words on May 14, 2008, about Vera Bradley lying about plant closures in Indiana.     The problem with the "claim" that Vera Bradley will be bringing these laid-off workers in-house is the gap, or down time between the closings and the new facilities. Perhaps when Patricia Miller really means is they will be brought in-house if the move to China and apply at a factory there? And since most of the knock-offs come out of China, putting her designs and products into the hands of the very people who will be infringing soon, is a master stroke for Vera Bradley. Geniuses these people. Do we see a pattern here? Vera Bradley is moving production to China causing the layoffs of over five hundred workers and lying about re-hiring these laid-off workers. Vera Bradley, All American manufacturer is saving money by having production moved to Communist China where the workers are housed in barracks and virtual slaves to the government. Yea. Makes us want to run right out and buy some of her over-priced schlock.

Patricia Miller