Follow Up . . . #13

Post #13

As usual, the posts about the lawsuit between Toytrackerz and American Plastic Equipment, Inc. is generating conversation and statements by people who are not parties, but talk with a sense of authority as if they are part of it and have special insights into what is going on.

In answer to this, I am posting a portion of the Bill Of Sale signed by Jay Horowitz of American Plastic Equipment, Inc. I have compared the signature on this document with examples of Mr. Horowitz's signature contained in public records and it matches.

I don't make statements and observations beyond what I was willing to sign my own name to and file in a court of law. Because that is already what I have done with this document.

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BILL OF SALE

Be it know, for good and valuable consideration, and the payment of the sum of $100,000 the receipt and sufficiency of which is acknowledged, the undersigned corporation American Plastic Equipment, Inc. of 1800 N.E. 114th Street, North Miami, Florida (Seller) does hereby sell and transfer to Marx Toys, Inc. of 1800 N.E. 114th Street, North Miami Florida (Buyer) the following described property:

All molds [The Molds] currently owned by American Plastic Equipment, Inc. of Marx toy origin. $95,000

The following property transferred at $5,000

Trademark #1,776,628 as filed at the United States Patent and Trademark Office

[The balance of the line items included in the sale are deleted because they deal specifically with people's businesses and their privacy is my concern at this moment. ]

The Seller warrants to Buyer that is has full authority to sell and transfer said property. Signed by Seller on this First day of the month of August, 2000 in Miami Florida.

American Plastic Equipment, Inc.

[signature]

Jay Horowitz
President

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The important line item, the one at issue here is the sale by American Plastic of the 'Marx' trademark [USPTO #1,776,628]. Now, I'm not someone holding forth in a forum somewhere. I'm just a lawyer. This is not a license or permission to use. This is a transfer of property rights.

American Plastic Equipment, Inc. is a separate corporate entity. A corporation is a legal 'person'. When it sells something, its legal rights to it are gone. Even if the buyer is connected to the seller . . . sold is sold . . . any rights the seller had to claim, control, or use the property is gone.

In all controversial issues it can be hard to decide who to listen to and who to trust. We set up this blog as a place to post the facts that are in the public record and the progress of the litigation, so that there is no question about what is happening before the courts and administrative agencies. It's not about gossip and speculation.

We are always willing to back up our statements with documentation. I am the attorney of record for Toytrackerz LLC and performing the research and preparing the documents. So, from the Toytrackerz perspective, you are getting the same thing the court is. The point we are trying to make here is, there are no products authorized by American Plastic Equipment being manufactured that have anything to do with Marx . . . period . . .