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[George C]

MS Attorney threatening us with legal action if, we don't withdraw legal counter-notices with Ebay and pay MS $50,000 for selling "infringing, counterfeit or unauthorized" software despite, MS Product ID team physically authenticating and returning samples of the products. Their return letter states they're authentic but, "not authorized for resale"!!!

What laws protect us? Should we file a pre-emptive suit? We filed counter-notices 40-50 times in the past year and they never challenged ONE!

We plan to fight this but, gotta get our "ducks in a row"

[M. Arthur Auslander]

Dear George C,

From what you say it looks like you are all ready in legitimate trouble. ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™.
The time to prepare should have been a Reality Check®.

If you have an unlimited budget you can fight. Even if you are right you can be exhausted financially, usually.

It is likely cheaper to settle if you can. The law is not who is right or wrong. The law is for the one that can afford it.

This is not cynicism, it has been like this since prehistoric time.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®

[Karen Dudnikov]

Auslander is one of the "Law firms" we contacted two years ago when we were attacked by M&M/Mars on trademark issues. Auslander's advice to us was to settle and hope M&M/Mars didn't bankrupt us in the process. WRONG!

We took M&M/Mars to the mat and won representing ourselves, because we would accept they were right. Later that same year, we sued Disney, using what we had learned from the Mars case, and within thirty days, Disney caved, seeking an out-of-court settlement.

Since then, we have also sued Major League Baseball and Vittoria North America and won over the same subject: Trademark Infringement by the Trademark Holder!

In our opinion, from what we received and what we have read, Auslander is nothing more than a shill for the corporations and their advice on these boards is not to be considered legitimate legal advice but nothing more than legal weasel-wording designed to make one seek a high-priced lawyer to to abandon one's case.

We have documented our pro se legal battles at www.tabberone.com/Trademarks/trademarks.html and we defy anyone to show that what we have posted is not accurate. Far too many IP lawyers have the mentality that the mark holder is always correct. Maybe these lawyers believe this because the mark holders have the purses to pay their outrageous legal fees and the unsuspecting, and many times innocent, "infringers" cannot fight back because of the legal fees that cannot be reimbursed. Why? Because court rules and regulations, mostly written by lawyers, do not allow for the prevailing party to be compensated.

We fight back because we can. Auslander is wrong to immediately dismiss "postings". He has an obvious "attitude" and should not be taken seriously.

Katen (a.k.a Tabberone)

[George C]

M. Arthur,

I questioned your veracity before the post by Karen.

Sadly, you exemplify the oxymoron, an "honest lawyer"

[M. Arthur Auslander]

Dear Karen and George,

I don't want to be maligned. It was my belief that without proper counsel that Karen would not be able to avoid being overwhelmed in the courts. This has nothing to do with the merits of the case.

What is more, I assumed, without investigating that she represented a corporation. Corporations cannot appear in court without being represented by legal counsel.

The job that she did was wonderful and she deserves credit for all she has acheives.

The way she works does credit to the best, high powered IP law firms.