Tabberone is pronounced tab ber won not tay ber own

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Articles on Trademark and Copyright Infringement issues, arranged by subject matter. Articles on Trademark and Copyright Infringement issues, arranged alphabetically.

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Case Outline

Case Outline by the Stanford School of Law where they used Tabberone as a class project and prepared a federal lawsuit outline for us. Anyone is free to use this outline. Remember, this is only an outline.

Cease and Desist Letters & Emails received by Tabberone

From De Novo Legal, LLP (Cyber Cops), March 28, 2008 From AdorableDecor/TinyTotsNTeens, Andrea & Brandon Poole, USN, November 02, 2007 From Sykel Enterprise, through Reed Smith, LLC, February 25, 2006 From Precious Moments, October 15, 2002 From M&M/Mars, September 2001. Cease and Desist Letters defined and outlined

Commentary

Fabric Manufacturers Cheat Stores and the Public Bad Attitude By Corporate Lawyers, May 2008

Contributions

How to contribute to the fight.

Copyright Articles and Information Copyright Registration and Derivative Works By Jonathan Hudis and Amy C. Sullivan, 2001 article. Copyright Registration Requirements Strictly Upheld by David Roy Ellis, 2003 article. The 7 Deadly Myths of Internet Copyright by Attorney David L. Amkraut. What Is Covered By A Copyright, from the Copyright Office What Is Not Covered By A Copyright, from the Copyright Office

Copyrights In General, in detail so you can understand them Angel Policies are lies told by manufacturers. Contributory Infringement, helping someone infringe. Copyrightability, what can be copyrighted and what cannot be copyrighted. Copyright Extortion, extortion schemes being used by unethical corporate lawyers. Copyright Misuse Doctrine, overreaching licensing by copyright owners. Derivative, what it is and is not. The Digital Millenium Copyright Act, or the DMCA EULA, End User Licesning Agreement and what it really is. Fair Use and what it means to you. First Amendment and how it applies. First Sale Doctrine, what they don't want you to know. § 512(F) of the DMCA and potential damages from false claims. Licensed Fabric: what you can and cannot do with it. Product Description is generally not copyrightable Misconceptions: how they begin and how the are spread. Ordinary Observer test, used by federal court for determining infringement. Patterns and how copyright law actually applies to them. Quilting and how copyright law actually applies to them. Registration types and what they include. Registration Denied and what that means to the author. Statutory Liability, comments from the 9th Circuit Court of Appeals. What is a Copyright? What is not Copyrightable? Willful Infringement and how courts define it and apply it.

Copyright Misuse Doctrine , an evolving defense to copyright infringment because of overreaching licensing by copyright owners.

Corporate Lawyers Cartoons Code Of Ethics Courtroom Remarks Defintion Of A Lie Jokes Lawyers Lying Who Have Lied

Counter Notices Counter Notice Letter Counter Notice (pre-2003) Counter Notice 2003 Latest Counter Notice, 2007.

Cyber Cops In the Hall of Shame Art Impressions Licensing Business Software Alliance Continental Enterprises De Novo Legal LLC Embroidery Software Protection Coalition (ESPC) Net Enforcers OpSec Security Protect Ltd Security Essentials LLC The Software & Information Industry Association (SIIA) Strategic Intellectual Property Information (SIPI) WolfBlock

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Derviatives Derivative Work, What it is... (continued) By David Goldberg and Robert J. Bernstein from September 19, 1996 Definition of Derivative

Digital Millenium Copyright Act ("DMCA") Digital Millenium Copyright Act - Statute, a.k.a., the "DMCA" The Digital Millenium Copyright Act, articles about What Is The DMCA?, according to Fort Hays University. "Chilling Effects"? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act in pdf format, 2005 study. City of Heroes Lawsuit--New Ruling on False DMCA Takedown Notices, article by Eric Goldman, September 16, 2005. DMCA Online Safe Harbor Empirical Study by Urban and Quilter, article by Eric Goldman, November 11, 2005. Allegedly Wrong VeRO Notice of Claimed Infringement Not Actionable--Dudnikov v. MGA Entertainment, article by Eric Goldman, January 27, 2006.

Disclaimers Disclaimers with court cases supporting their use Tabberone Disclaimer, and suggested auction title format, that you can copy and use.

Disney Enterprises Disney Lawsuit, filed by Tabberone on December 24, 2002 Disney Settlement

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eBay - Land The Game™ a parody

Ebroidery Designs

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FAQs & Whines

Federal Court Cases of Interest Alphabetically Federal Court Cases of Interest by Federal Circuit Federal Court Cases of Interest by Subject Federal Court Cases of Interest by Case Quotes

Federal Court System

Federal Lawsuits Filing A Federal Lawsuit Defending Against A Federal Lawsuit

Federal Reporter Court of Appeals Cases from 2007 and 2006

Fleurville Settlement

Forced Labor

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Glossary

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Tabberone's Trademark & Copyright Abusers' Hall Of Shame

Aanraku Stained Glass AB Rocket Adorable Decor Alex Grey American Red Cross AnimeHot Autodesk, Inc Avid Technology Blue Jean Teddy Scott Boras Bose Wave Radio Bumble and bumble Bubble Charms / Diane Stewart Burberry Business Software Alliance Amy Butler Chalk & Vermilion Fine Arts Chanel Christopher & Banks Chuck E. Cheese Coach Collegiate Licensing Company Collegiate Licensing Partnership Association (CLPA) Continental Enterprises Copyright Scams Cosmetics Manufacturers Craft and Fabric Sites Creative Memories Cyber Cops De Novo Legal, LLP Directed Electronics Disney Enterprises Designers Dozier Internet Law, P.C DRG Texas & ePatterns eBay eBay Snitch Program Embroidery Software Protection Coalition, (ESPC) E! Entertaintment Television Etsy and Etsy News Farouk Chi Fleurville Girl Scouts of America Hancock Fabrics Hansen Beverages Ed Hardy, Christian Audigier, and Nervous Tatoo Harley Davidson Motor Cycles Heckler & Koch Heineken Brewery sHit Entertainment Jack Daniel Distillery Janson Beckett Cosmeceutical John Deere Jordan Outdoor Enterprises, Ltd

Juice Plus Just Born & Marshmallow Peeps Keats McFarland & Wilson Kinsella Weitzman Iser Kump & Aldisert LLP Krispy Kreme Laurel Burch Artwork Licensing Resource Group (LRG) Loralie Designs Love Potion Perfume and Mara Fox Maggie Sottero Designs Major League Baseball Properties McAfee Merle Norman Cosmetics Stanley A. Meyer MGA Entertainment Monarchy Collection Monster Cable m3 girl designs National Football League Net Enforcers Ojon Corp OpSec Security Paragon Patterns Pattern Companies Red Monkey Reed Smith, LLC Reich Publishing & Marketing SalonQuest and Aquage Sanrio & Hello Kitty Schools and Universities Scientology Scotia Starr Sevenarts Ltd Seven For All Mankind Shabby Chic SnapOn Tools SnoWyte The Software & Information Industry Association (SIIA) Strategic Intellectual Property Information (SIPI) Sykel Enterprises Sharon Teal-Coray The National NeedleArts Association Tommy Hilfiger True Religion Jeans Uncle Milton Industries Unforgettable Licensing United Media & Peanuts Univera Life Sciences Vera Bradley Visiball USA Vittoria North America Von Dutch Warner Brothers Wiggles Touring Pty Limited WolfBlock

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Image and Text Theft

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Keats, McFarland & Wilson, a law firm we consider to have low standards

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Lanham Act, the primary federal trademark statute

Law Suits Concerning Tabberone Disney Enterprises, filed December 24, 2002, settled February 3, 2003. Dunkin Donuts, filed early 2004, Judge ruled we sued the wrong company, lost on technicality. E! Entertainment Television, filed November 21, 2003, we lost on technicality Fleurville, filed February 27, 2004, settled March 24, 2004 M&M/Mars, filed July 2002 by M&M/Mars, settled November 2002 in our favor. Major League Baseball Properties, filed April 3, 2003, settled August 2003. MGA Entertainment, filed December 10, 2003, ended as a draw in 2005. Sanrio, a.k.a. Hello Kitty, filed early 2004, settled quickly. Shabby Chic, filed October 28, 2003, settled June 23, 2004 Sevenarts Ltd and Chalk & Vermilion Fine Arts, filed December 12, 2005, settled October 2008. United Media, filed November 18, 2003, settled December 2003. Vittoria North America, filed November 18, 2003, settled November 2003. Weight Watchers, filed in 2004, settled in 2004 Wiggles Touring Pty Limited, filed November 24, 2003, settled March 9, 2004

Lawyers, Corporate Cartoons Code Of Ethics Courtroom Remarks Defintion Of A Lie Jokes Lawyers Lying Who Have Lied

Licensed Fabric: what you can and cannot do with it. Copyrighted fabric: no selling the stuff you make from it, by Cory Doctorow, October 17, 2006, about use restrictions on licensed fabrics. Restricted Fabrics: Cutting against the grain of personal property, by Wendy Seltzer, October 17, 2006, where she comments on the article by Cory Doctorow.

Licensing & Licenses

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Major League Baseball Council to weigh settlement of $20,000 in T-shirts arrest, the Rocky Mountain News, January 3, 2009 , about a woman arrested by Denver Police at the orders of Major League Baseball selling t-shirts outside the stadium. Denver to pay vendor jailed in "Rocktober" flub, The Denver Post, January 1, 2009 , about the false arrest ordered by Major League Baseball. Major League Baseball Settlement with Tabberone

Merle Norman Cosmetics Merle Norman Cosmetics Violate FDA Drug Laws Merle Norman's Lawyers Commit Perjury Kinsella Weitzman Iser Kump & Aldisert LLP

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Oklahoma Schools Craft Fair Fiasco Women face inquiry in confiscation of OU, OSU crafts, Associated Press, Tulsa World, October 31, 2007. Representatives from the University of Oklahoma and Oklahoma State University face larceny of merchandise complaints following one of the country's largest arts and crafts shows where OU and OSU-themed merchandise was confiscated. Prosecutors might charge OU and OSU university officials after craft show incident, Associated Press, Tulsa World, November 9, 2007. Prosecutors still are considering whether to file theft charges against representatives from the University of Oklahoma and Oklahoma State University who seized college-themed merchandise from several vendors at an Oklahoma City crafts show. Vendors won't be charged, DA says, Associated Press, News OK, November 9, 2007. The Oklahoma County district attorney's office does not intend to prosecute vendors who allegedly infringed the University of Oklahoma and Oklahoma State University trademarks by selling college-themed merchandise at An Affair of the Heart, Assistant District Attorney Scott Rowland said this week. Universities strive to protect brand, Associated Press, Daily Oklahoman, November 17, 2007. The weekend of Oct. 26-28, more than 15 vendors filed complaints of theft against Suzanne Staley, OU's director of brand development, and Judy Barnard, OSU's director of brand development, after the two women allegedly went through the event and seized merchandise that contained any reference to their respective universities, accompanied by an off-duty officer from another jurisdiction. This article sounds like a puff piece dictated by the universities. 'Affair of Heart' hopes not to repeat university trademark infringements fiasco, Associated Press, Tulsa World, February 8, 2008. Organizers of a popular craft show said Friday that they hope to avoid a repeat of a previous show when representatives from the University of Oklahoma and Oklahoma State University seized merchandise that bore licensed school trademarks.

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Parallel Imports Parallel Imports and Copyright Law, by Paul D. Supnik, discusses Quality King Distributors, Inc. v. L'Anza Research International Supreme Court decision. Parallel Imports, a lengthy article about parallel imports and the Quality King decision by Lynda J. Zadra-Symes and Joseph J. Basista, May 1998. A very detailed article. Definition of Parallel Imports Federal Court Accepts Unique Copyright Attack on "Grey Market Goods" by Gesmer Updegrove LLP from 2006. Excerpts from No Prohibition on Imports Where Common Ownership Exists Between U.S. Trademark Holder and Foreign Service by Knobbe Martens Olson & Bear LLP. Article about parallel imports titled Exceptions to the Exhaustion Rule by Ladas & Parry from 2001

Patterns Patterns and Copyright Law Pattern Companies and Copyright Law Patterns and Products, article by Carolyn V. Peters, Esq., about patterns and why the pattern copyright does not cover the end product. Quilting and copyrights.

Precious Moments Precious Moments, October 2002, our fight with them Precious Moments vs La Infantil, federal court ruled against Precious Moments Precious Moments vs La Infantil in HTML format, full decision

Public Citizen Litigation Group eBay Strikes Back, Sues for Frivolous DMCA Takedowns , dragged into a lawsuit, eBay relaliates. January 5, 2008. Don't Post This Cease And Desist Letter Or Else October 5, 2007. Ninth Circuit: No Cause of Action for Disparaging a Company's Trademark September 27, 2007. Companies Claim Right to Interfere with eBay Auctions for Charging Too Little July 17, 2007. How the Leegin Decision Will Hurt Consumers on the Internet July 6, 2007. Intellectual Property Abuse, eBay, and Consumers June 20, 2007. Trademark Lawsuits : The Price of On-Line Griping where companies attempt to squelch dissent by falsly claiming infringement.

Purina Dog Chow, of Nestlé Purina PetCare Purina Dog Chow, Your Pet, Our Passion®: Our Asshole Layers. Ciao, Chow, Baby, Baltimore Sun article. Purina Marks Its Territory, posted by the Legal Blog Watch. Purina vs Chow Baby, posted by Overlawyered.com.

The Putrid Plecostomus Award to those corporate law firms and companies that go above and beyond the call of duty.

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Quilting and copyright law

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Reality Based Community has our attention

Reed Smith, LLC, a law firm who threatened Tabberone with a defamation lawsuit in February 2006 and has yet to follow through.

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Settlements By Tabberone Disney Settlement, February 3, 2003 Fleurville Settlement Major League Baseball Settlement, August 21, 2003 M&M/Mars settlement is confidential. Shabby Chic settlement is strictly confidential. United Media (Peanuts) Settlement, February 3, 2004 Vittoria North America Settlement Wiggles Touring Pty Limited Settlement

Stanford School of Law Case Outline where they uses Tabberone as a class project.

Sweatshops used by Disney

Sweatshops used by Major League Baseball

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Tabberone Disclaimer

Trademark Abuse, opinion and articles

Trademark Extortion Trademark Extortion, opinion and articles Trademark Extortion Time Analysis, showing extortion claims are inflated.

Trademarks in General, in detail so you can understand them Blurring Confusion Damages Dilution History Initial Interest Confusion Likelihood Of Confusion Material Difference Standard Parallel Imports Puffery Secondary Meaning Subsequent Confusion Trade Dress Unauthorized Use Unfair Competition What is a Trademark?

Trademarks Home Page

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Urban Myths

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VeRO VeRO Commandments VeRO-Verified Rights Owners Program Counter Notice Letter Counter Notice (pre-2003) Counter Notice 2003 Latest Counter Notice, 2007. On-Line Survey from 2004 Articles about VeRO What To Do If You Are Veroed VeRO Takedowns Recinded Without Lawsuit Warner Brothers, August 2001 Robert Yates Racing, October 2003 VeRO Threats Twarted Fredericks Of Hollywood Precious Moments, October 2002

Vittoria North America Settlement

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What To Do What To Do If You Are Veroed

Wiggles Touring Pty Limited Settlement

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