Home | Site Index | Disclaimer | Email Me!





| Tabberone's Hall of Shame |
|
Wiggles Touring Pty Limited An Australian Company |
 
|
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.
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 heir tripe was "go look at what eBay says" instead of them straining their collective brains to give someone they tried to injure 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 announce to Wiggles that a laswuit 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 priciple 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.
|


 
 
|
Rebuttals
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. We made this offer a very long time ago and as of September 2008, only AnimieHot.com, in our Hall Of Shame, and Charlotte Perman (Sevenarts in our Hall Of Shame) have chosen to submit a formal rebuttal. |
|
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Hall Of Shame | Contributions
Corporate Lawyers
Links |
|
Definitions |
|
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 |
|
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 |