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Our Fights

Tabberone 16, VeRO 0.

 

 

Warner Brothers

      Our fight began in August, 2001, with Warner Brothers. The first incident only took a few days to resolve.

Tabberone 1, VeRO 0.

M&M/Mars

      In September, 2001, we got involved with M&M/Mars. They cancelled some of our auctions in January, 2002. In July, 2002, Mars filed a law suit against us in federal court in new York. In November, 2002, Mars offered to withdraw the law suit if we would accept a licensing agreement. We did. They withdrew.

Tabberone 2, VeRO 0.

Precious Moments

      On October 15, 2002, while we were engaged with M&M/Mars, Precious Moments sent us a "cease and desist" email making demands. We refused, citing their own lost lawsuit in 1997, Precious Moments vs La Infantil 1997, (D.P.R.) 971 F.Supp. 66.

Tabberone 3, VeRO 0.

Disney Enterprises

      On September 4, 2002, Disney Enterprises terminated three of our eBay auctions. Since we were tied up with M&M/Mars, we decided to wait until that fight was resolved before fighting Disney. When M&M/Mars stettled in late November, we turned our attention to Disney. On December 24, 2002, we filed a complaint in the Federal District Court for Colorado against Disney. In late January, 2003, Disney offered us a settlement.

Tabberone 4, VeRO 0.

Major League Baseball Properties

      On March 31, 2003, Major League Baseball Properties shut down three of our eBay auctions. On April 3, 2003, we filed a complaint in the Federal District Court for Colorado against MLBP. On June 23, 2003, Major League Baseball filed their somewhat lame response. On June 26th, we filed for Summary Judgment based upon the pleadings. On August 21, 2003, MLBP signed a "Tabberone Agreement" whereby they agree to leave us alone in return for dropping the lawsuit against them. The settlement aggrement, like the Disney agreement, is posted on the web site.

Tabberone 5, VeRO 0.

Robert Yates Racing

      On October 22, 2003, Robert Yates Racing terminated an auction. After a few emails, they contacted eBay and had the auction reinstated on October 23, 2003.

Tabberone 6, VeRO 0.

Shabby Chic

      Tabberone sued Shabby Chic October 28, 2003, US District Court for Colorado, 03-D-2128 PAC. Shabby Chic terminated an eBay auction where the plaintiffs were selling a cross stitch kit title "Shabby Chic Cross Stitch Kit". Plaintiffs contended "shabby chic" was a generic decorating term and therefore not protected under trademark laws. Case has been settled and the settlement agreement is confidential.

Tabberone 7, VeRO 0.

United Media

      Tabberone sued United Media November 18, 2003,03-D-2298 PAC, US District Court for Colorado. UM ordered six eBay auctions terminated based upon the use of their Peanuts fabrics to make the items. In December 2003, a settlement was reached with UM agreeing not to interfere with future use and sale of their products by Plaintiffs. Plaintiffs withdrew their complaint.

Tabberone 8, VeRO 0.

Vittoria North America

      Tabberone sued Vittoria North America November 18, 2003, 03-D-2299 PAC, US District Court for Colorado. VNA ordered an eBay auction terminated because they do not like their products being sold on auction. In December 2003, a settlement was reached with VNA agreeing not to interfere with future use and sale of their products by Plaintiffs. Plaintiffs withdrew their complaint.

Tabberone 9, VeRO 0.

E! Entertainment Television

      November 17, 2003, E! Entertainment Television ordered an eBay auction terminated because they do not allow the sale of their Emmy Screening DVDs. Tabberone filed a lawsuit (03-D-2334 PAC) on November 21, 2003 alleging Business Interference, Outrageous Conduct, Misrepresentation and Perjury. E! has filed a motion to dismiss.

Case is still pending however the Magistrate Judge has recommended the motion to dismiss be approved. We disagree with her findings. If the Judge agrees, this will be our first loss.

Wiggles Touring Pty

      Tabberone sued Wiggles Touring Pty November 21, 2003, 03-D-2299 PAC, US District Court for Colorado. Wiggles ordered an eBay auction terminated because they do not like Plaintiffs using one of their appliques to make an apron and then offer it for sale. Case was settled with Wiggles agreeing to no longer interfere with Plaintiffs. Plaintiffs withdrew the complaint.

Tabberone 10, VeRO 0.

MGA Entertainment

      Tabberone sued MGA Entertainment December 10, 2003, 03-D-2512 PAC, US District Court for Colorado. MGA ordered an eBay auction terminated because they do not like Plaintiffs using one of their appliques to make a fleece hat and then offer it for sale.

Case is still pending.

Frederick's Of Hollywood

      December 4, 2003, Frederick's Of Hollywood ordered two eBay auctions terminated because of the claim sellers cannot use their name to sell the product even though it is an authentic FOH item. After emails, FOH withdrew the terminated auctions.

Tabberone 11, VeRO 0.

Dunkin' Donuts

      Tabberone sued Allied Domecq / Dunkin Donuts January 29, 2004, 04-D-0161 PAC, US District Court for Colorado. Allied ordered an eBay auction terminated because of the claim that they do not allow the "re-sale" of their coffee.

Allied Domecq filed a motion to dismiss claiming we had sued the wrong company. The court agreed and granted their motion to dismiss on November 24, 2004. However, since Allied re-instated the auction after we filed the complaint, we will call this one a win.

Tabberone 12, VeRO 0.

Sanrio (Hello Kitty)

      Tabberone sued Sanrio February 12, 2004, 04-D-0264 PAC, US District Court for Colorado. Sanrio ordered an eBay auction terminated because of the use of their Hello Kitty fabric to make the item. A settlement was reached with Sanrio agreeing to leave the Plaintiffs alone. Plaintiffs have withdrawn the complaint. One paragraph of the settlement agreement is confidential.

Tabberone 13, VeRO 0.

Fleurville

      Tabberone sued Fleurville February 27, 2004, 04-D-0348 PAC, US District Court for Colorado. Fleurville ordered three eBay auctions terminated because of the claim sellers cannot use their name to sell the product even though it is an authentic item and they do not allow their products to be sold on eBay. A settlement was reached with Fleurville agreeing to leave the Plaintiffs alone. Plaintiffs have withdrawn the complaint.

Tabberone 14, VeRO 0.

Weight Watchers

      Tabberone sued Weight Watchers February 27, 2004, 04-D-0349 PAC, US District Court for Colorado. WW ordered an eBay auction terminated because they do not "allow" their DVDs and such to be sold. A settlement was reached with WW agreeing to leave the Plaintiffs alone. Plaintiffs have withdrawn the complaint.

Tabberone 15, VeRO 0.

West Coast Fabric Designer

      Tabberone sued a West Coast fabric designer March 24 27, 2004, 04-D-0563 PAC, US District Court for Colorado. This designer ordered an eBay auction terminated because of the use of their fabric to make the item. A settlement was reached with them agreeing to leave the Plaintiffs alone. Plaintiffs have withdrawn the complaint.

Tabberone 16, VeRO 0.

      Is it just us or does anyone else out there see a pattern here?

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