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First Email From MLBP April 1, 2003

From: "Day, Bryan"
Subject: RE: eBay Listing(s) Removed - VeRO Program
Tue, 1 Apr 2003 10:38:05 -0500

Dear Ms. Dudnikov,

Please be advised that we will be sending you a thorough response by certified mail in the coming days. However, I did briefly want to respond to your e-mail. The Tissue Box Covers you were selling on ebay use protected Major League Baseball-related trademarks without authorization. Therefore, they create a likelihood of consumer confusion and suggest some type of sponsorship or endorsement by Major League Baseball Properties in violation of trademark law. Furthermore, the Tissue Box Covers are derivative works based upon a preexisting Major League Baseball-related copyright-protected work in violation of copyright law.

If you have any additional questions or concerns please do not hesitate to contact me.

Bryan Day
Major League Baseball Properties, Inc.
245 Park Avenue
New York, NY 10167
phone: 212-931-7448
fax: 212-949-5697