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Does this domain name violate trademark rights?

Discussion in 'Domain Names & Parking' started by marco2379, Feb 9, 2009.

  1. marco2379

    marco2379 Junior Member

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    Does the domain name i-ebay.com violate eBay's trademark? I know it has the word ebay in the title, but I really don't know much about domain name trademark infringement. Just wondering at what point the infringement begins as far as being able to use a trademarked name in a domain name.

    In case you're wondering it is my site, and i just use it as a wordpress sandbox to test themes and plugins.
     
  2. scratchn

    scratchn Newbie

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    Yes...... And within 6 months you will receive a letter from their lawyers informing you of it.

    How do I know? I bought a dozen domains with 'ebay' in them, started a few sites and started receiving cease and desist letters. Was even hounded after the sites were removed, they didn't stop until the URLs had expired. All BANS sites BTW.
     
  3. marco2379

    marco2379 Junior Member

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    I'm wondering if the BANS had something to do with it. I had the domain ebaylivehelp.com and sold it on eBay, after having it for about a year with no problems, no letters, and no cease and desist requests.
     
  4. scratchn

    scratchn Newbie

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    Here's a cut and paste of the first nice letter that is delivered via e-mail. The second letter I recieved was via the postal service.

    As far as BANS goes I have no idea, could very will be. From the mails I was able to search it looks like 8 letters were sent to me, a couple - few escaped entirely. Of the 8, only 3 or 4 were actual sites.

    "We are writing concerning your registration of cheapebaysearch*net which contains the famous eBay trademark.

    As you undoubtedly know, eBay is the leading provider of online person-to-person trading services and related goods and services. eBay adopted the name and trademark eBay in September 1995 and, since that time, eBay has actively used the eBay name and trademark in connection with its online trading and related services, including maintaining the web site www*eBay*com. The coined term eBay is one of the most famous trademarks on the Internet. eBay owns exclusive trademark rights to the eBay name in the United States and internationally, including related common law rights. Accordingly, eBay enjoys broad trademark rights in its name.

    eBay has made a substantial investment in developing and providing its services. As a result of eBay's pioneering efforts and its devoting substantial effort and resources to providing only high quality services, the eBay name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

    Accordingly, we were concerned when we learned of your registration of the cheapebaysearch*net. As we hope you can understand, protection of its trademarks is very important to eBay. We have filed several successful federal court actions in the United States against companies and individuals employing the famous eBay trademark in their domain names, as well as more than six proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. eBay prevailed in each case and the domain names at issue were all ordered to be transferred to eBay.

    In addition to the above, the United States Patent and Trademark Office ("USPTO") has recently denied registration of the mark "ebaysecurities" by a third party. Like your domain name, "ebaysecurities" incorporated the entire eBay trademark, adding only a generic term to eBay's famous mark. The USPTO recognized that eBay is a famous trademark and denied registration of ebaysecurities. eBay is concerned that any use of the domain name in question, will cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.

    We understand that you may have registered cheapebaysearch*net without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another's trademark.

    While eBay respects your right of expression and your desire to conduct business on the Internet, eBay must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply let the domain registration expire.

    Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.

    Sincerely,

    Edith
    eBay Legal Department"
     
    Last edited: Feb 9, 2009
  5. marco2379

    marco2379 Junior Member

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    Whoa! that sounds pretty serious. I wonder how I stayed under their radar for a year even when I put the domain up for sale on their website, which has probably added to my confusion on the subject. But that letter you received is pretty clear.
     
  6. Sweetfunny

    Sweetfunny Jr. VIP Jr. VIP Premium Member

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    Scratchn is spot on, Ebay is one of the worst when it comes to trademark domains. They even won against PerfumeBay.com and CoinBay.biz and as you can see, the second doesn't even contain "Ebay".

    So with your domain i-Ebay.com you can kiss your domain/backside goodbye sorry.
     
  7. marco2379

    marco2379 Junior Member

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    Well I take it as an inexpensive $8 lesson on ebay infringement. Leaving now to get rid of the evidence.