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Dear eBay™ Customer:


 


For over 40 years, Electro-Harmonix® has been the manufacturer of sound effects equipment, vacuum tubes for amplifiers and other musical accessories prized by today’s top musicians.


If you recently had an auction of Electro-Harmonix® items removed by eBay™, please read the following.


As you know, Electro-Harmonix® prides itself on the quality of its lines and the trust people have in its name. Electro-Harmonix® works hard to earn and maintain this trust, and must carefully guard against anything that can diminish it.


Therefore, Electro-Harmonix® has to ensure that its products reach musicians from one of its authorized dealers selling in an approved manner.  Confidence in the Electro-Harmonix® name, quality, trademarks and other rights are diluted by auctions and sales on third party sites.


The reason eBay™ has removed your auction/sale of Electro-Harmonix® products is most likely because Electro-Harmonix® has found your listing to be damaging to its legal rights and good reputation. Your auction was pulled due to one or more of the following reasons:


1.       Only authorized dealers may sell new equipment, and only through their own companies/websites. Dealers must sign and abide by the Electro-Harmonix® Dealer Agreement. All other sales of new Electro Harmonix® products are unauthorized.


2.       Your listing may result in unauthorized importation of one or more of Electro-Harmonix® products, and/or does not disclose possible differences in products sold in different countries.


3.       Your listing fails to provide adequate warranty information to potential customers.


4.       Your listing does not comply with trademark, patent or copyright laws.


5.       Your listing incorrectly implies association with Electro-Harmonix®, and thereby causes misunderstandings with customers.


6.       Your listing shows wording or images from, or originating from the Electro-Harmonix® website and/or materials without proper authorization from Electro-Harmonix®.


7.       Your listing violates the Electro-Harmonix® MAP policies. This includes any listing with wording that suggests the product could be sold at less than MAP, such as “Buy it Now” or “Best Offer” or “Call for Price”.


8.   Your listing contains unlawful use of trademark owner's logo.


 


  Sales of EH products on any online auctions, including eBay,


  are prohibited. Holding such auctions directly or indirectly


  violates this policy. Electro-Harmonix will not honor any


  warranty work if the unit was purchased from an online auction site.


 


 


 


Electro-Harmonix® will continue to be vigilant in protecting its legal rights and good name and will pursue action when and where Electro-Harmonix® deems it necessary.


 


Very truly yours,


COHEN PONTANI LIEBERMAN & PAVANE LLP


 


 


 


Lisa A. Ferrari