Tabberone is pronounced tab ber won |
|
Our Fight(s) Our fight began in August, 2001, with Warner Brothers. The first incident only took a few days to resolve and a number of telephone call. Tabberone 1, VeRO Trademark/Copyright 0. 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 396-page 4-pound law suit against us in federal court in new York. In November, 2002, Mars offered to withdraw the law suit. They withdrew it when agreed to a settlement where we could continue making items from M&M/Mars fabric. Tabberone 2, VeRO Trademark/Copyright 0. 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. We never heard from Precious Moments again. Tabberone 3, VeRO Trademark/Copyright 0. 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 whereby we could continue making and selling items we made from licensed Disney fabrics. Tabberone 4, VeRO Trademark/Copyright 0. 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 Trademark/Copyright 0. 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 Trademark/Copyright 0. Complaint of Tortious Business Interference, Outrageous Conduct, Negligent Misrepresentation and Fraudulent Misrepresentation Under Colorado Law and Perjury Under 17 U.S.C. §512, 03-D-2128 PAC, October 28, 2003, US District Court for Colorado. Plaintiffs sued Shabby Chic. Shabby Chic terminated an eBay auction where the plaintiffs were selling a cross stitch kit titled "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 Trademark/Copyright 0. On November 18, 2003, Tabberone sued United Media. UM had ordered six eBay auctions terminated based upon the use of their Peanuts fabrics to make the items. In December 2003, a settlement agreement 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 Trademark/Copyright 0.
Is it just us or does anyone else out there see a pattern here? |
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Corporate Lawyers |
Definitions |
Federal Court Cases Alphabetically | by Federal Circuit | by Subject | by Court Quotations |
Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22 |
VeRO (Verified Right's Owner Program) VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed |
Original material by Karen Dudnikov & Michael Meadors is © 1999-2019 |