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Scrungee1's Fights
Scrungee1 is an example of the little folk fighting back and winning. She sells scrunchies on eBay. They are made from various fabrics. She has had trouble from Disney, Suzy's Zoo, and most recently. the National Football League. All of which have relented after terminating her auctions and after she confronted them with arguments taken from these pages.

Again we are not lawyers and the legal opinions here are based upon research, personal experience, and court cases. When contemplating legal action, you should consult an attorney. That said, the legal disclaimer, your legal experience may well be that the attorney will tell you it's not worth fighting.

Disney terminated some of Scrungee1's auctions. After we got Disney to cave, and after we posted the settlement agreement, Scrungee1 contacted Disney and asked for a similar deal. Disney agreed provided she include a disclaimer and referred to the scrunchies as being made from "Disney fabric" such as a "Pooh fabric scrunchie" as opposed to a "Pooh scrunchie".

Then, on April 16, 2003, Suzy's Zoo terminated one of her auctions. On April 25, 2003, Scrungee1 emailed Suzy's Zoo asking the why she was not being allowed to list. Suzy's Zoo replied on April 28, 2003, saying "Thanks, but no thanks".

So Scrungee1 was surprised when, a few days later, on May 1, 2003, Suzy's Zoo emailed her backing off of their original position and thanking her for allowing them to get up to speed on present trademark law. Scrungee1 was unable to forward the VeRO email until the next day.

Scrungee1 was surprised again when, on July 9, 2003, eBay emailed her about terminated auctions. This time, the National Football League terminated a bunch of her auctions for using licensed fabric.

She emailed the NFL inquiring about the terminations. On July 10, 2003, the NFL responded with the usual tripe about infringement. Incidently, the NFL and MLB license the same company to make fabrics.

She emailed the NFL again on July 10, 2003, with her arguments from this web site.

The NFL responded on July 18, 2003, withdrawing the terminations and copying Ebay to reinstate her.

We don't know if the NFL has seen the light or if they are awaiting the results of our conflict with Major League Baseball.

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