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Ebay Is Suing Me For $100,000! LOL

Discussion in 'Ebay' started by Pinterest, May 31, 2012.

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  1. Pinterest

    Pinterest Registered Member

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    This is an email I received ONE day after I registed a domain with the word "ebay" in it! I dont want to give up my domain name so I guess they will have to sue me! Plus, I really dont understand why Godaddy doesnt just block people from buying these types of domains. I am guessing because they say fuck you delete the illegal domain and we are keeping your money.

    EMAIL FROM EBAY'S LEGAL DEPARTMENT:

    We are writing concerning your registration of *****.com 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 *****.com. 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 numerous proceedings before the 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 recognized the fame of the EBAY trademark and has, in the past, rejected a number of trademarks that have improperly incorporated the EBAY mark into them (such as "ebaysecurities"). 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 *****.com 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. In the meantime, the domain name should remain inactive and should not point to any content.

    Just to be clear, eBay does not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and eBay on the other hand are related and/or affiliated.

    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: May 31, 2012
  2. Patel

    Patel Senior Member

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    Misleading title. They aren't suing you at all.. It sounds like a C&D.
     
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  3. Pinterest

    Pinterest Registered Member

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    Oh sorry, you gonna sue me for misleading you into clicking on my thread? lol
     
  4. Pinterest

    Pinterest Registered Member

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    Actually they are going to sue me because I dont want to give up my domain!!! jk lol
     
  5. ok888

    ok888 Jr. VIP Jr. VIP Premium Member

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  6. myownhero

    myownhero Power Member Premium Member

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    Generic C&D, this isn't a lawsuit it just means some guy in a suit somewhere is doing his job efficiently.
     
  7. Pinterest

    Pinterest Registered Member

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    They can if I dont want to give up my domain. I paid good money for it! They gonna give me my money back?!?
     
  8. Pinterest

    Pinterest Registered Member

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    haha Fuck them. I also purchased domains with "amazon" and "flippa" in them too! I havent received a letter yet though lol
     
  9. Andres1986

    Andres1986 Jr. VIP Jr. VIP

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    It's funny how they go after the buyer and not after the seller (i.e Godaddy here). That email they sent you clearly states that they'll pursue buyer AND seller.
     
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  10. myownhero

    myownhero Power Member Premium Member

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    Some domains are picky about this sort of thing, I just got my first C&D about two weeks ago and it was from a relatively small company but from a pretty decent earner. Oh well, I knew the risk going in.
     
  11. Pinterest

    Pinterest Registered Member

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    Exactly!!! Like I said before, I dont get why they dont ask Godaddy to block people from buying domains with certain trademarked keywords. Godaddy just wants to keep the money because they know that the trademark holders will make a big stink about it.
     
  12. ryannull

    ryannull Senior Member

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    I once registered a trademark word and got an email to stop using it. I was told only "certain" authorized people were able to use it, and I wasn't one of them. So, I responded and said I would delete it and not use it. It was cleared up. They even tanked me for cooperating.

    Did I ask for my money back? No, I was at fault.

    Whenever you register a trademark name, you are taking a big risk. I own a few trademark names now, and never had an issue with them. It all depends on the trademark owners and if they want to enforce it.

    No offense, but you are in no position to ask for your money back. Are you willing to take the chance of litigation over $10?

    Consider it a $10 loss, versus spending thousands in attorney fees, if it was to go that far.
     
  13. Serp_Pimp

    Serp_Pimp Junior Member

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    At OP.. it seems like you're just fishing for publicity, thats a standard C&D... people get it with their autoblogs and copyrighted pictures everyday.

    At Andres.. ebay will never go after godaddy, when was the last time a corporation went against each other? They will always fight the little guy!
     
  14. Pinterest

    Pinterest Registered Member

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    I know lol I am just messing around. I actually paid $1.49 with the coupon code FLOWERS
     
  15. Pinterest

    Pinterest Registered Member

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    Why would I want publicity lol. I just thought it was funny and wanted to share with you guys. Can't a girl just have a little fun :(
     
  16. Corrupt

    Corrupt BANNED BANNED

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    Copyright infringement domain on GODADDY? Doesn't matter if you don't want to give it up, they'll take it away from you. Might as well send them a stupid reply saying "but I paid good money for it!!!!1! I cnt just giv it up!!1!eleven" and make a 600% ROI at the least.
     
  17. Corrupt

    Corrupt BANNED BANNED

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    Get ready to receive horny PMs
     
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  18. srb888

    srb888 Elite Member

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    Sun, Mon, Tue, WTF, Sat!!! :)
    There is always a big vacant room in Siberia if you want to skip the "lawsuit" (whenever they decide to take you to court)... so sleep well for now and tomorrow get another domain and begin earning that $1,000,000.

    If they don't come after you now or in near future, you'll already be very rich -- to take them on one day when they decide! :D


    P.S.:

    Did you said you're a girl?!!! Hmm... ok, you can add two or three more zeros to the $1,000,000/= I mentioned earlier...


    :D
     
    Last edited: May 31, 2012
  19. samwhise

    samwhise Registered Member

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    I want my click back
     
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  20. Pinterest

    Pinterest Registered Member

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    Shut yo a$$ up.
     
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