|
Date: |
Wed, 11 Jan 2006 15:46:21 -0800 (PST) |
|
From: |
"Commando Dave"
<bulzidave@yahoo.com> |
|
Subject: |
RE: US Design Patent Des.400,941 |
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To: |
"Tamkin, Greg"
<Tamkin.Greg@dorsey.com> |
|
CC: |
BillF@SeedIP.com, "Osman,
Lee" <Osman.Lee@dorsey.com> |
Mr.
Tamkin:
Thank
you for your reply advising me that Nautilus is
still interested in resolving the dispute. However,
by being unwilling to agree to a waiver
enabling me to
be represented by Seed IP, Nautilus is going
against
its Code of Business Conducts and Ethics.
Item
Eight of Nautilus’ Code of Business Conducts and
Ethics,
“Fair Dealing” starts with:
“The
Company is committed to promoting the values of
honesty, integrity and fairness in the conduct of
its
business and sustaining a work environment that
fosters mutual respect, openness and individual
integrity. Employees, officers and directors are
expected to deal honestly and fairly with each other
and with the Company's customers, suppliers,
competitors and other third
parties...”
The
provision ends with:
“...otherwise
take unfair advantage of anyone through
manipulation, concealment, abuse of
privileged
information or any other
unfair-dealing practice.”
In
my October 27, 2005 eMail to you, I wrote:
“...The
waiver was the point of contention with the
old StairMaster;
precisely the reason we are at this
impasse today. Trying to reach an amicable
resolution
without a waiver, Nautilus maintains the same unfair
advantage...”
This
dispute would not have arisen if StairMaster
adhered to its corporate policy in 1998.
http://bulzi.net/policy2.html I have been impressed
by Nautilus’ willingness to resolve a matter
created
by the unethical business conduct of former
StairMaster executives.
http://bulzimg.net/lastletter.html
However, I continue
to be perplexed by Nautilus’ unwillingness to
execute
a waiver, not to mention the need for one,
based on:
1)
Seed & Berry was dissolved in December 1999 and
Seed
IP is not the firm that represented StairMaster;
2)
The Seed & Berry attorney that handled
StairMaster’s portfolio has no
affiliation with Seed
IP;
3)
The Seed & Berry attorneys who represented me have
no affiliation with Seed IP.
Lastly,
speaking of waivers, per Item 11 of Nautilus,
Inc.’s
Code of Business Conducts and Ethics,
“Waivers,”
please advise if the provision of Item
Eight
has been waived by a resolution of the Company's
Board
of Directors for the Nautilus officer advising
you in this matter.
Please
confirm receipt. Thank you.
Standing
by;
Commando
Dave
Bulzi Marketing Group
253.222.3091