- On October 20, 2003, Shabby Chic instructed eBay to
terminate an auction by Tabberone that featured a counted cross-stitch
kit that was titled Shabby Chic Counted Cross Stitch 11"x13" Picture Kit".
- To see the "offending" auction:
click here. We have replaced the original
picture with a "filler" picture for the time being.
- On the day we received the shut down, October 21, 2003, we emailed the VeRO contact requesing
them to explain why the auction was terminated. They responded that same day
with a brief form email.
- We responded Wednesday, October 22, 2003, with
a followup disputing their claims, and sat back to wait for the reply that would never come.
- Having not heard from them, on Thursday, October 23, 2003, we emailed again with
a question as to whether, they intended to
- Using the internet, we located the lawyer of record for Shabby Chic. A one John E. Kelly of the
law firm Kelly Bauersfeld Lowry & Kelley. On Friday, October 24, 2003,
we again emailed Shabby Chic but this time
we copied their lawyer.
- On Tuesday, October 28, 2003, we faxed a copy of a counter notice to eBay as well as Shabby Chic and
Shabby Chic's lawyers. Ebay emailed us back denying the counter notice because in eBayville they can
do whatever they want.
- On Tuesday, October 28, 2003, in the Tenth Federal District Court for Colorado, in Denver,
we filed a lawsuit against Shabby Chic alleging perjury,
business interference, and invalid trademark, among others.
- On Tuesday, November 4, 2003, we recieved
an email from Brian Dell, President & CEO of Rachell Ashwel Designs, Inc. He wanted to discuss
- On Wednesday, November 5, 2003, we talked with Brian Dell.
- Settlement negotiations with John E. Kelly, in-house counsel for Shabby Chic, stalled.
- On December 29, 2003, new counsel for Shabby Chic accepted service and filed for an unopposed 30-day
time extension. We agreed to the time extension. Their new counsel, Donald Degnan, of
Holland & Hart LLP, Denver Colorado, needed time to get better acquainted with the case
before filing their response.
- Stay tuned for more details.
The Court scheduled the Scheduling Hearing for January 28, 2004. On that date, both sides agreed to
certain scheduling dates.
On January 28, 2004, Shabby Chic filed their response to our complaint.
On January 28, Shabby Chic also filed a Motion To Dismiss.
- "THE PARTIES HAVE SETTLED THE CASE AND THE TERMS OF SETTLEMENT
ARE AND MUST BE KEPT CONFIDENTIAL."