From: "George Brown" gbrown@kenkling.com
To: karen@tabberone.com
Date: Mon, November 17, 2003 4:39 pm
Subject: Re: VeRO NOTICE: eBay Listing(s) Removed - VeRO Program

Gentlemen:

Our firm represents Vittoria North America, L.L.C., d/b/a BikeMine, (hereafter "VNA") 1639 West Sheridan Avenue, Oklahoma City, OK 73106. VNA is the sole and exclusive owner of the United States Trademark "Vittoria." The "Vittoria" Trademark has been recorded with the United States Patent and Trademark Office and with the United States Customs Service. The United States Customs Service is providing gray market protection for "Vittoria" products which are coming into the United States. The United States Court of Appeals for the Tenth Circuit has held that VNA is the exclusive owner of the "Vittoria" Trademark in the United States and can seek private remedies pursuant to Section 526 of the Tariff Act of 1930 found at 19 U.S.C. §1526. See generally, Vittoria North America, L.L.C. v. Euro-Asia Imports, Inc., 61 U.S.P.Q.2d 1001 (10th Cir. 2001); 2001 WL 1584158.

The importation and sale of "Vittoria" bicycle tires in the United States without the express written permission of VNA violates Section 526 of the Tariff Act of 1930 found at 19 U.S.C. §1526, and violates 15 U.S.C. §1114, §1124 and §1125. Moreover, the sale of old, deteriorating "Vittoria" tires represents the sale of non-genuine goods and also violates VNA's trademark rights.

Because VNA strives to ensure that every customer receives a good quality "Vittoria" product and because of recent problems with the importation of gray market goods, VNA contacted the intellectual property division of eBay and requested that "Vittoria" goods be removed from eBay. Your product has been removed pursuant to our request.

We apologize for any inconvenience that has been caused by our actions. To protect our customers, however, we must continue to enforce our policy. Your cooperation is greatly appreciated.

George H. Brown, Esq.
330 N.W. 13th Street
Oklahoma City, OK 73103
(405) 236-1985 Phone
(405) 236-1541 Facsimile

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