Wiggles Touring Pty Limited|
An Australian Company
Hall Of Shame Member
Wiggles Touring Pty Limited is a kid's oriented company with a snotty adult attitude. Like some others, they felt others lawfully
using their copyrighted products was unacceptable. A nice sentiment but under US law, fair use and the first sale doctrine allow this activity.
It just goes to prove that stupid ideas are not the domain of just US VeRO members.
Bright and early on November 17, 2003, eBay terminated an auction using a Wiggles applique and sent to Tabberone a WhyEnded email. The typical canned trash eBay sends to all offering little or no real help and giving no real reason for the takedown.
Wiggles had taken exception to an apron Tabberone had on auction using an alternate seller ID.
Naturally, Tabberone immediately sent an email to Wiggles and they responded rather quickly from Down Under about what they don't permit. Most of their tripe was "go look at what eBay says" instead of them straining their collective brains to give someone a reasonable and legitimate answer. One could draw the conclusion they don't allow ANY licensed product to be sold on eBay.
Not Acceptable. Tabberone immediately fired back an answer to which Wiggles sent a threatening email about lawyers and such with MORE mindless gabage about "go look at what eBay says".
On November 24, 2003, Wiggles replied to Tabberone's email in which Tabberone had announced to Wiggles that a lawsuit had been filed in Denver, #03-D-2335 (PAC), and that they would be emailed a copy soon.
After a few conversations, a settlement agreement in principle was reached on March 9, 2004. Isn't it amazing, another eBay VeRO member who QUICKLY caved after being sued? Gee, what ever happened to standing up for one's principles? Looks like Wiggles and company don't have any. If they did, they never would have started ending legitimate eBay auctions. Didn't wiggle out of this fine mess, did you boys?
After receiving the signed documents, Tabberone filed papers with the court dismissing with prejudice the complaint filed against Wiggles. Another company that was willing to interfere with internet sales but unwilling to fight the issues in court. Do we hear a clucking noise coming from Down Under?
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