Precious Moments vs TabberoneOn October 15, 2002, we received an email from Precious Moments wherein they made a "cease and desist" demand.
In light of their having lost a very similar case in 1997, Precious Moments vs La Infantil 1997, (D.P.R.) 971 F.Supp. 66, we were really surprised to receive this threat from them.
But, they didn't know with whom they were dealing. At the time we were preparing for a federal court appearance in New York and we were ready to take them on. In legaleese, there's something called "collateral estoppel" which means, from what we understand, that if a party has a court ruling against them then they are barred from again pursuing the same matter.
On October 16, 2002, we replied by email to Precious Moments. Their original email demanded a reply within 48 hours.
We have not heard back from them. Gee, was it something we said? We hope so. We have noticed a significant increase in eBay auctions featuring fabric items made from copyrighted fabric for Precious Moments. Could it be they finally got the message?
Tabberone 2, Trademark/Copyright Abusers 0.