TY PURSUING SELLERS OF COUNTERFEIT BEANIE BABIES ON THE INTERNET

Sellers who are posting counterfeit Beanies for sale on auctions sites have been receiving the following e-mail, followed by a certified letter. Bidders on these auctions have also been receiving letters from Ty warning them that they are bidding on illegal product.

Re: Counterfeit BEANIE BABIES products offered for sale on eBay.com

Dear XXXX:

We are litigation counsel for Ty Inc., the manufacturer of BEANIE BABIES plush toys. As you are undoubtedly aware, Ty Inc. has created and extensively marketed and sold its distinctive line of plush toys throughout the world. The BEANIE BABIES and TY marks also identify Ty Inc. as the source of its products, and Ty Inc. owns strong and protectable rights in its BEANIE BABIES and TY marks, and has registered these marks in the United States Patent and Trademark Office.

We have recently discovered that you attempted to auction through eBay, Inc., "reproduction" plush toy products, specifically, xxxx (Item No. xxxx), xxxxBear (Item No. xxxx), and two xxxx (Item Nos. xxxx and xxxx). The sale of these toys is without the authority or approval of Ty Inc. Copies of auction pages for xxxxand xxxx are attached as Exhibits A and B.

Marketing and sale of these products violates counterfeiting and other federal and state laws. We hope to resolve this matter amicably. In order to do so, we must receive your written response to the following demands within seven days of the date of this letter:

1. Immediately withdraw the referenced products, and any other products that constitute colorable imitations or simulations of Ty's BEANIE BABIES products from any online or live auction or other sales or marketing forum or advertisement, and desist from engaging, directly or indirectly, in any such sales or marketing in the future;

2. Deliver the referenced products, and any other counterfeit plush toy products that constitute a colorable imitation or simulation of Ty's BEANIE BABIES products that you possess, to our offices by overnight, insured courier; and

3. Provide us, in the space below, with the name, address, and telephone number of the person or entity who gave you the referenced products, and a description of the circumstances surrounding that exchange:

Please sign this letter and return it to us with the counterfeit products within seven days, indicating that you agree to comply with the above demands.

Sincerely,

Liisa M. Thomas, Esq.
Gardner, Carton & Douglas
321 North Clark Street, Suite 3400
Chicago, Illinois 60610
312 245 8494