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Settlement! We have signed a Tabberone Settlement Agreement with MLBP whereby they agree to leave us alone and we agree to drop the lawsuit. Details below.

 
The MicroEnterprise Journal has printed an article titled "Fighting Back (and Winning) in Trademark-land" about Tabberone's fight with Major League Baseball Properties. CLICK HERE to read the article.

Sometimes, a story is just too good to keep to yourself. Our conflict with MLBP attracted the attention of Denver's Fox 31 News in May and we figured, why not let everyone know? So, we've prepared the first in a line of press releases designed to get some attention. The first release has been posted on www.PRWEB.com, a web site that specializes in press releases. Under "Select An Industry Release", we filed it under Sports. To see the press release without going to PRWEB.com, Click here. Our thanks to Derek at Monsterpatterns.com who alerted us to this web site.

TABBERONE
STRIKES BACK AGAIN!

Not wanting to wait and spar to no end with the lawyers for Major League Baseball Properties, Tabberone decided to take the action to Federal Court for Declaratory Judgment.


Ebay is acting like an ass!

The symbol for eBay should be an ostrich with its head stuck in the dirt. Ebay tries to walk a very thin tightrope while maximizing profits where ever it can. This case with MLBP is a fine example of it.
Bear in mind that eBay is a virtual monopoly. While there are other auctions on-line, eBay dominates the market. We're not accusing eBay of doing anything wrong in achieving this monopoly. eBay was there first and did it the best. We've tried using other auctions but the other auctions don't get the same traffic. Being the biggest doesn't mean they are faultless. eBay has taken the approach that rule changes and rule enforcement is primarily focused towards first protecting the interests of eBay.

On April 3, 2003, we emailed eBay to make sure there would be no problems with the counter notice we had filed challenging the terminated auctions.

The same day, we received a short email from eBay stating they wanted to talk to us about the situation. "Situation"? Turns out eBay was full into its weasel wording mode when we talked. Because the "notice of infringement" from MLBP did not say the infringements were copyright related, but were trademark infringements, it was now the position of eBay that there was no provision for a counter notice, and therefore, they would not forward the counter notice to MLBP.

On April 4, 2003, we received a short email from eBay basically telling us to go through their counsel.

On April 11, 2003, we sent them a letter outlining our position and where their position failed to comply with federal intent.

On May 1, 2003, we received a short email from eBay basically telling us to go to hell. They were sticking to their (flawed) interpretation of the Lanham Act.

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