Tabberone is pronounced tab ber won not tay ber own

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From: "Karen Dudnikov" To: skaufmann@mofo.com, wpecau@steptoe.com Date: Tue, April 6, 2004 12:00 pm Subject: re: MLBP fabric auctions cancelled on eBay Mr. Kaufmann, Mr. Pecau Imagine my surprise to pull up my email last night and find two of my auctions cancelled on eBay. Since the baseball season is starting back up I had listed two auctions with items made from MLB fabric. eBay cancelled them claiming they fell under their replica/counterfeit policy. Has your client empowered eBay to enforce their trademark rights? My auctions were not the only ones shut down for selling items hand crafted w/MLB fabric. And each of these auctions contained what I like to call the "tabberone disclaimer". I certainly hope your client is not in violation of our agreement, specifically article 5: 5. In accordance with the spirit of this agreement to resolve amiicably the disputes between the Parties, neither Party will take action against the other or the other's interests, either directly or indirectly, without first notifying the other party of an apparent problem, and the Parties will try to resolve the matter amicably between themselves prior to resorting to other remedies or avenues of resolution. Mike can be reached at 303-913-6075 or you can respond via email. I would like this situation resolved quickly and cleanly. Karen Dudnikov tabberone