A loyal Trademark Blog reader writes in to comment on the Atlanta Braves tissue box cover matter reproted below. Major League Baseball had written to Ebay and asked them to remove the products which were manufactured from allegedly ‘licensed’ fabric but the items themselves (such as aprons and tissue box covers) were not authorized by MLB. The reader notes
The fact that eBay automatically terminates auctions based on a TM claim, but doesn’t provide an opportunity for the auctioneer to file a counternotice, is an interesting difference between the way TM and (c) claims are handled.
It also raises a good practice tip when sending (or responding) to DMCA notice.