Tabberone is pronounced tab ber won
| Warner Brothers|
Hall Of Shame Member
Inducted in 2002
Warner Brothers was Tabberone's first VeRO Victory. They were, and still are, Looney Tunes in action
because they are still playing the same tired song.
On August 1, 2001, eBay terminated three auctions by Tabberone upon orders from Warner Brothers. We had never heard of the VeRO Program. Although eBay regularly reminds users to read the User Agreement because it is constantly changing, let's face it, few, if any, really do. It is long, very long, and boring, and often difficult to understand, like tax forms.
Tabberone immediately emailed Warner Brothers and eBay demanding to know why the auctions were terminated. We sent the initial inquiry to the name provided by eBay, Eileen Goldstein.
A couple days later, having received no response, we began an email campaign aimed at contacting everyone in the food chain if necessary.
Warner Brothers finally responded to our inquiries. We were asked to call them at a telephone number provided and discuss the situation. Marc Brandon, Manager, Anti-Piracy Internet Operations, was our first contact with the illogic of VeRO members.
After a few conversations they offered the lame excuse that the auctions were terminated because they thought we were using counterfeit fabric. They then agreed to leave us alone and said they would email eBay and reinstate the auctions and Tabberone. We requested they not have the auctions reinstated as we would prefer to relist them ourselves.
Warner Brothers took the position that they could not stop people from making and selling fabric items unless what was being done was "inappropriate". That was a very reasonable approach on their part but we do not believe they could legally block what they called "inappropriate".
Tabberone 1, Trademark/Copyright 0.
Warner Brothers has maintained a regular takedown policy that doesn't appear to have changed since 2001. The big WB terminates auctions without regard to anything factual in the listings. It seems to us their anti-piracy office is more interested in producing numbers that look good to the front office and not actually protecting the logo. Their "Looney Tunes" symbol applies to more than the cartoons. Add in the anti-piracy office as well.
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 |
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 |
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
Filing A Federal Lawsuit
Setting Up | Standing. | Joinder of Parties. | The Complaint | Their Answer | Default Judgment
F.R.C.P. 12(b) Motion | F.R.C.P. 12(f) Motion | Your Reply | Summary Judgment Motion | Affidavits | Time Extension
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 © 1999-2016|