Tabberone is pronounced tab ber won not tay ber own

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Letter from Fitzpatrick, Cella, Harper & Scinto dated September 17, 2001. The letter is reproduced pretty much as we received it. The main changes were for formatting purposes. No significant content was altered. The letterhead for this letter contains the names of all 169 lawyers working for this firm. We omitted that part.

Fitzpatrick, Cella, Harper & Scinto
30 Rockerfeller Plaza New York, NY 10112-3801 212-218-2100
	FACSIMILE (212) 218-2200

January 11, 2002 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Karen Dudnikov P.O. Box 87 Hartsel, Colorado 80449             Re: M&M'sŪ and M&M'sŪ Character Trademark Misuse                   Our File No.: 00946.003000 Dear Ms. Dudnikov:             We are trademark counsel for Mars, Incorporated. Your letter of August 20, 2001 has been referred to us for reply.             We thank you for the information you provided regarding the sale of infringing items on eBay. However, we note that you also are selling similar items depicting out client's M&M's®, M®, and M&M's® Characters trademarks on eBay under the name "tabberone" ond on your website at www.tabberone.com. In addition, your eBay profile page and each auction page depicts out client's federally registered M&M's® Character trademarks. Furthermore, out client's M&M's® trademark is incorrectly referred to as "M&M" throughout the titles and the descriptions of the items on eBay and on your website.             The term M&M's®, the M&M's® logo and package designs, the M&M's® Characters, and the letter M® on the individual candies are all federally registered trademarks of Mars, Incorporated. Use of Mars trademarks in this manner constitutes trademark infringement and unfair competition. It is also likely to cause confusion as to possible sponsorship by or affiliation with Mars, Incorporated. While we appriciate your enthusiasm of our client's M&M's® brand products, only Mars, Incorporated and its licensees are authorized to use its trademarks.             Therefore, we request that you not sell any unauthorized items depicting out client's M&M's® logo or package design, individual M&M's® candies or M&M's® Characters, or any of its other trademarks in the future. We also request that you provide us with a list of the items you have in inventory depicting our client's trademarks so that terms to control their disposal can be arranged. Furthermore, we request that you remove all images of our client's trademarks from your website and eBay profile page. Please provide us with a written response to this letter by October 1, 2001 confirming that you will agree to the foregoing.             As you may already be aware, we have informed eBay of the infringing items your are selling. We will continue to inform eBay of these infringing items and request that it close each auction held by you that offers for sale an infringing item depicting our client's trademarks.             If you have any questions, I suggest you call me so that we may quickly resolve this matter. Your cooperation is appriciated.                         Very Truly yours,                         FITZPARTRICK, CELLA, HARPER & SCINTO                         By: Leslie K. Mitchell (signature)