Email To Warner Brothers August 3, 2001
To Whom It May Concern:
I'm sending this letter to you in hopes of getting some sort of results. Several days ago, eBay shut down three of my auctions, citing Eileen Goldstein, an employee of Warner, as the cause. Seems someone reported me for trademark violations and Eileen Goldstein determined that, in her opinion, I was in violation. I have emailed her several times at email@example.com but she refuses to respond to my attempts at communication. She cancels my auctions, affects my business reputation, causes me to take a financial loss, and then refuses to respond to my requests for clarification. This is not good business or professional customer relations.
One : if someone is in fact involved in a trademark or copyright violation activity, the recommended first step is to issue them a written warning describing the offense, the law being violated, and demand that they cease. Then, if they do not, there are legal remedies available to enforce the trademark or copyright.
Two: Warner has distributed a large amount of fabric, knowing, or could be reasonably expected to know, that it would be turned into pillows, blankets, etc, and then some of it sold on the secondary market. This use does not constitute a violation of the trademark laws.
Three: the enforcement of the rules on eBay is arbitrary. Ebay contends that they do not have the staff to enforce their rules so eBay relies upon people to report the offenders. Then, and only then, does eBay take action. This policy is a violation of the Equal Protection Statute in California where eBay is domiciled. Either eBay enforces the rules uniformly or not all. Selective enforcement is not allowed.
Four: Warner and Ebay are presently interfering with business, causing harm to my business reputation, and have caused me a financial loss. I am seeking legal representation because neither party wants to discuss the matter and fully explain to me why I have been singled out for this treatment.