Colorado Seamstress Sues Major League Baseball Over Right To Use Their Licensed Fabrics

Is baseball about to strike out in Federal Court in Colorado? A seamstress representing herself has filed a federal suit alleging Major League Baseball Properties improperly ended 3 auctions she had on eBay. She also claims they committed perjury by filing a false affidavit under the Digital Millennium Copyright Act.

Is Americas Past-time Really A Playground Bully?

Major League Baseball thought they were up against a pussy cat but now it looks like they have a tiger by the tail. A seamstress from Central Colorado, Karen Dudnikov, has taken Major League Baseball Properties into the Federal District Court for Colorado alleging they are not playing by the rules. She and her husband are fighting this without help from lawyers.

Karen makes and sells fabric items, often made from copyrighted, licensed fabrics. She sells these items on the internet auction site eBay under the name of Tabberone and on her web site, www.tabberone.com. On March 29, 2003, Major League Baseball Properties (MLBP) ordered eBay to terminate 3 auctions that featured fabric items made from their licensed fabrics. Three days later she filed a law suit in federal court alleging MLBP had violated her rights under federal trademark laws and federal copyright laws.

MLBP shut down her auctions claiming she used protected Major League Baseball-related trademarks without authorization" and that the fabric products, tissue box covers, were derivative works and therefore violations of copyright laws.

MLBP is just another in a long line of corporation bullies who are trying to use their size and legal thugs to intimidate people when theyre not doing anything wrong", say Karen.

Karen has history on her side. This is the fifth billion-dollar company she has tackled over the use of licensed fabrics. Two years ago, Warner Brothers relented after a brief exchange. Then came M&M/Mars, Precious Moments, and Disney Enterprises. She filed a similar lawsuit against Disney on December 24, 2002, only to have Disney offer a settlement a month later. Disney agreed to leave her alone.

MLBP replied to the lawsuit on June 23rd, after one time extension. Karen immediately filed a Motion for Summary Judgment. MLBP has 20 days to respond (July 18th).

Karens logo may be a pussycat but theres a tiger in her tank. The lawsuit is posted on her web site under Trademarks. Karen and Mike can be contacted at 303-913-6075.