From: "Karen Dudnikov" karen@tabberone.com
To: moreinfo@ebay.com
Date: Tue, November 18, 2003 6:22 am
Subject: Re: VPS Notice: WARNING - eBay VeRO Program - Powerseller Follow-Up - karen@tabberone.com

Sure enough.

This is what I received from the tire people

"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."

Basically what they are saying is they don't care, they will shut down all eBay auctions whether the auction is for a legit product or not.

So much for the threat of "under penalty of perjury"

Perhaps is eBay were to require people shutting down auctions under the provisions of the Lanham Act to obtain an injunction that would prevent this type of activity. If eBay were to require an injunction I would be willing to bet that 99.8% of these auctions would not be terminated.

Karen
tabberone.com