Re: Vittoria Trademarked Products

        Thank you for your inquiry. Vittoria North America, L.L.C. (VNA) is attempting to protect its trademarked Vittoria products in the United States from gray market products being imported from other countries. 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 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., 278 F.3rd 1076 (10th Cir. 2001); 61 U.S.P.Q.2d 1001; 2001 WL 1584158. The Tenth Circuit's decision gives VNA the right to protect its Trademark against products coming into the United States illegally through gray market imports. Gray market products violate Section 526 of the Tariff Act of 1930 found at 19 U.S.C. '1526 and violate 15 U.S.C. '' 1114,1124 and 1125.

        Unfortunately, in order to protect our Trademark, we have been forced to eliminate all Vittoria products from the eBay website. Because eBay is one of the easiest ways a gray marketer can illegally import products into the United States from other countries and sell that gray market product to unsuspecting consumers, and because it is impossible to distinguish between legitimate Vittoria Trademarked products and gray market products, we have been forced to eliminate all eBay activity relating to Vittoria products to protect our Trademark.

        We apologize for any inconvenience this may have caused. However, for the integrity of the Vittoria brand and to make sure consumers receive legitimate, original, high-quality Vittoria products, we believe these steps are necessary. We appreciate your loyalty to our brand and by implementing these steps now, we hope to enjoy your loyalty to our brand in the future.

Best Regards,

Robert Wallar
President
Vittoria North America, LLC