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Business/income impact due to "Foley, David R."?

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SirPoonga:


--- Quote from: DreamArcades on February 22, 2005, 04:02:54 pm ---Dream Arcades has lost a good $2,000 and the losses will add-up each week until this crap gets stopped. We had two auctions that were shutdown just hours before they closed.
-Mike


--- End quote ---

What is that based on?  What the auctions were going for?  What the unit actually cost?  Past average sales?  Shipping and handling charges?  Other odds and ends costs required to sell the products?

Crazy Cooter:


--- Quote from: DreamArcades on February 22, 2005, 04:02:54 pm ---Dream Arcades has lost a good $2,000 and the losses will add-up each week until this crap gets stopped. We had two auctions that were shutdown just hours before they closed.
-Mike


--- End quote ---

That will be out of reach for small claims court real fast.  Talk with emdkay and see if he wants to have a phone consultation with an attorney (he may already be doing that, he's being pretty quiet).  Also, contact the police.  Internet fraud is a crime.  They can get the info needed from ebay.  Document your every move.  Dedicate an entire notebook right now and start writing down everything at every step (including what has happened already).  Your first step should be with the police.  Your lawyer will send him and ebay a cease and desist letter which should let you continue business at that point.  You *should* be able to recoup your lawyers fees, but that would be the first question I'd ask them.

If you or Emdkay need help with fees, post back.  I'm good for a couple bucks.

You should also contact Aaron Giles and let him know what is happening and what your intentions are.  That way everything is coordinated.  Most of all, DOCUMENT EVERYTHING.

DreamArcades:

Bottom line is we are not going to let this continue to happen. We'll take whatever steps are necessary to stop this. We are already working on a couple of different fronts.
I can't elaborate more that this point.
-Mike


Sephroth57:

i hope this guy gets bent over by the mame community and other mame arcade sellers alike. theres nothing wrong with selling prebuilt cabs made for MAME but to try and trademark MAME like that is an insult to all the people that put work into the FREE code known as mame..

Crazy Cooter:


--- Quote from: DreamArcades on February 22, 2005, 06:15:39 pm ---Bottom line is we are not going to let this continue to happen. We'll take whatever steps are necessary to stop this. We are already working on a couple of different fronts.
I can't elaborate more that this point.
-Mike


--- End quote ---

Excellent.

Now us "common" ebayers need to band together and ask ebay to actually do an investigation (like they claim they do).  If your auction has been cancelled, contact vero@ebay.com and ask them to provide you a copy of what Mr Foley (refer to him by the information they gave you at the time of the cancelled auction) has signed claiming his "right" to cancel your auction.  If you planned on putting something up, do so.  If he is claiming the trademark, indicate to ebay that there is no registration number.  If enough people that have had auc tions pulled say the same thing, maybe somebody will look into it.  Anyhow, the cancelled auction will entitle you to contact the police for internet fraud.  Just document everything..

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