Tabberone is pronounced tab ber won
Vittoria North America |
Hall of Shame Member
Last Updated April 18, 2009
|WARNING: Vittoria's web site is located at http://www.vittoria.com/. We recommend you DO NOT visit it. It is one of those scum-bag web sites that attempt to lock your browser on the web site so you cannot leave easily. (as of October 15, 2007)|
Vittoria North America makes bicycles, parts, and tires, etc. Vittoria North America didn't
like their items being sold on eBay. They had an attitude about it. They claimed that because
of quality issues, and possible counterfeiting, they shut down all auctions because they wanted
to protect their customers. A nice sentiment but very illegal.
Bright and early on November 17, 2003, eBay terminated an auction of Vittoria bicycle tires and sent to Tabberone a WhyEnded email. The typical canned trash they send to all.
Vittoria North America took exception to a set of bicycle tires Tabberone had on auction.
Naturally, Tabberone immediately sent an email to Vittoria North America demanding to know the exact cause of their action.
Robert Waller, President of Vittoria North America answered very quickly. His email had an attachment in which he admitted VNA was shutting down the auctions not because they were infringing but because Vittoria wanted them shut down.
George Brown, Attorney for Vittoria North America answered as well citing the same garbage about ending the auctions not because they were infringing but to make VNA's job easier.
Not Acceptable. Tabberone immediately fired back an argument supporting her right to make and sell the products.
Meanwhile, eBay's canned responses were functioning quite well. Ebay sent the standard condolences email, basically saying the situation was not their fault and reminding Tabberone not to relist the item. She did respond to eBay telling them that Vittoria had lied when they requested the auction terminated.
On November 18, 2003, George Brown replied to Tabberone's email, but as Tabberone emailed him back, it was too late. Tabberone had filed a lawsuit in Denver, #03-D-2299 (PAC), and that he would be emailed a copy soon.
After a few conversations, a settlement agreement in principle was reached.
After receiving the signed documents, Tabberone filed papers with the court dismissing with prejudice the complaint filed against Vittoria North America. What we have here is another lying VeRO member who quickly backed down after being confronted in federal court. eBay has yet to punish any VeRO member but will quickly suspend innocent sellers on the perjurous statements of VeRO members.
In an effort to provide a balanced view, we make the following offer to anyone who feels they have been wrongly accused on this web site.
If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Initial Interest Confusion |
Likelihood Of Confusion |
Material Difference Standard
Parallel Imports | Post-sale Confusion | Puffery | Secondary Meaning | Subsequent Confusion | Trademark Abuse
Unauthorized Use | Unfair Competition | What is a Trademark?
Angel Policies |
Contributory Infringement |
Copyright Extortion |
Copyright Misuse Doctrine
; Derivative | The Digital Millennium Copyright Act | EULA | Fair Use | First Sale Doctrine | Product Description | Registration
Registration Denied | What is a Copyright? | What is not Copyrightable?
Embroidery Designs |
FAQs & Whines |
Image and Text Theft |
Licensed Fabric |
Licensing & Licenses |
Patterns Index | Profit | Quilting | Selvage | Stanford School of Law Case Outline
Tabberone Disclaimer | Trademark Extortion | Urban Myths | What To Do If You Are Veroed
Federal Court Cases |
Alphabetically | by Federal Circuit | by Subject | by Court Quotations
Federal Statutes |
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
VeRO (Verified Right's Owner Program)|
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed
|Original material by Karen Dudnikov & Michael Meadors is © 1999-2017|