Re: This tops it ALL!!!!! Wayne wants me to end another auction!!!

Good day all,

I have has some experience with Wayne and Ebay auctions, not the same
or as much as some in this group seem to have had, but some
nonetheless.
IMHO there is only one real issue here, the fact that Ebay is willing
to cancel auctions for products at Wayne or any one's simple
suggestion of copyright/trademark infringement.
I'm sure that Ebay is only utilizing the cheapest legal solution for
this situation based upon the advice of their attorney's.
They do not care more for Wayne than they do any seller.
They have simply been advised that the best and only way to avoid any
culpability in any future related litigation is to just cancel the
auctions.
Ebay has already reserved the right to cancel any listing at any time
for any reason in every users basic agreement so the seller has no
recourse against them in this situation.
Therefore their only legal concern is with the individual or company
claiming the copyright/trademark infringement and this is simply
resolved by ending the auction.
Case closed for Ebay.
I am quite sure that the situation with Wayne is not the only petty
copyright/trademark infringement situation going on within the Ebay
community.
We as a group just happen to be very close and personally involved
with this particular case.

As far as Wayne goes, we can talk and write about this topic until we
are blue in the face and it will not change or prove anything.
The very real and hard truth for Wayne is that the burden is upon him
to prove each and every claim of copyright/trademark infringement that
he makes.
And for claims against US citizens he must make these claims in a
United States court of law and then each of these cases must travel on
the wheels of justice just like every other case in our current legal
system.
At many points during this long, drawn-out process he is required by
the court to provide very specific evidence that must support and
prove each of his claims of infringement.
So until he does this his emails, cease and desist orders and
canceling of auctions with Ebay are completely baseless.
And this was my response in my dealings with him.
My response was not inflammatory or derogatory but simply based in
fact and process.
I welcomed the opportunity for his attorney and mine to sit down and
discuss the issue he was raising.
I provided my attorney's contact information and suggested Wayne
contact him with all future correspondence.
I never heard from him again and my attorney did not hear from his.

The fact is that Wayne will never process a single claim against
anyone, if he was going to he certainly would have already done so.
More importantly, to do so would require him to actually reveal what
copyright/trademarks he does or does not own.
We all know that this is exactly what he does not want to do.
Also, there is an attorney that represents the Williams/Bally rights,
Wayne and Gene had to get them from somewhere.
If you have questions about whether you are infringing then contact
this attorney and find out.
While they probably will not give you a list of licensees they will
probably answer your question.
And all of this type of litigation would cost Wayne a terrific amount
of money in attorney's fees, filing fees and court costs.
He's not about to bear that type of expense.
Additionally, if you are simply selling some original decals for the
good of the hobby and you are truly not making a profit on them you
will be hard pressed to find a judge in a court in this country that
is going to rule against you.
While the exact laws differ for copyrights and trademarks Wayne must
prove that you intentionally and willfully set out to impede his
ability to collect upon his rights.
Well, since he is not even offering the same item at any price then
this is not the case.
And since you are not disparaging the trademark that he MIGHT own the
rights to then this too is not the case.

JC Caldwell


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