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Tabberone is pronounced tab ber won
not tay ber own

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From: Travis
To: karen@tabberone.com
Date: Wed, May 26, 2004 11:17 am
Subject: Re: VeRO ABUSE...PLEASE HELP

Great,

Thanks for the vital info. I am going to try calling them and explain the situation like you said. Should I record the conversation? I have a little device that I can record it with.

Thanks,
Travis

------------------original message-----------

I looked at their website and your hat's logo looks just like theirs.

It would be nice if they answered you and said something along the lines of "we don't allow our items to be resold".

You need to try and keep reaching them or have eBay help. If you are selling licensed items and you don't have an agreement with them not to sell on-line then you are protected under First Sale Doctrine. You are allowed to use the name and the picture of the item you are selling under Fair Use.

They are located at 7521 Melrose Avenue, Los Angeles, CA 90046. The attorney who filed the trademark is Donald Grier but I can't find any listing from him. Their phone # is 323.651.5800. Maybe you can call and ask for legal. Explain the situtation, throw out First Sale Doctrine, Fair Use and Misrepresentation under 17 USC 512(f)

Do not threaten them in anyway. Be nice. You do have the option of filing a counternotice although eBay may not forward it. That's why we usually send our counternotices directly to the company also.

They look like they offer franchisees which is why they may be going after people selling on-line.

Karen