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eBay Wants My Domain and is threatening action.

Discussion in 'BlackHat Lounge' started by ibmethatswhoib, Aug 23, 2012.

  1. ibmethatswhoib

    ibmethatswhoib Jr. VIP Jr. VIP Premium Member

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    I have a site related to ebay that I make some money off of adsense, not amazing but it's a good $50-$100 a month passive income. I got a letter from a lawyer, he seems legit and I don't think it's a competitor. Don't want to say the domain name or what it's about really but it's not an auction site and I don't pretend to be ebay but it has ebay in the domain name. It's clear I'm not affiliate with ebay though. At the end they say they want me to transfer my domain to them, fuck that. I don't really want to give it up but also don't want to get sued. I don't think they can do anything with just an email, if I get a letter or something official I may change my attitude.

    Have you guys delt with this or seen this?



    Here's the email:

    We represent eBay, the leading provider of online person-to-person trading services and related goods and services. We write concerning your registration and use of the domain name mysite.com, which contains the famous eBay trademark. 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, and has registered the EBAY name as a trademark in many jurisdictions around the globe. 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 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 and use of mysite.com.

    As we hope you can appreciate, protection of its trademarks is very important to eBay. Your registration and use of mysite.com violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous eBay trademark. 
Infringement occurs when someone, without authorization, uses a trademark that is identical or confusingly similar to a trademark owned by someone else. Trademark infringement occurs when this unauthorized use is likely to confuse consumers to falsely believe that the two parties are related to one-another, or that the true trademark owner is either endorsing or sponsoring the activities of the infringer. Trademark dilution occurs when the unauthorized use is likely to lessen the distinctiveness of the true trademark owner's famous trademark. eBay has 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 a large number of proceedings before the World Intellectual Property Organization's arbitration panel. eBay has prevailed in each case and the domain names at issue were all ordered to be transferred to eBay. Administrative agencies and federal court has recognized that eBay is a famous trademark, and that eBay has expended considerable resources in attaining this status.

    eBay is concerned that your unauthorized use of the eBay name and logo is likely to dilute the famous eBay mark and also cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by eBay when, in fact, they are not. More of the eBay mark is used in your domain name and on your website than is necessary to identify your product or service, and such use suggests sponsorship or endorsement by eBay. Moreover, through use of eBay's mark, you are trading on the goodwill of eBay's mark by providing pay-per-click advertisements related to online auction websites.

    We understand that you may have registered and used mysite.com without full knowledge of the law in this area. However, eBay is concerned about your use of the eBay trademark in your domain name and on your website. As you may know, 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 insists that you promptly transfer the infringing domain name to eBay, so that this domain name does not fall into the wrong hands.

    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 dilute eBay's famous mark or confuse consumers to believe that your company on one hand and eBay on the other hand are related and/or affiliated. For example, a descriptive domain such as mysite.com2 would steer clear of eBay's trademark rights. Please reply to this email and confirm that you will comply as requested. Once we hear back from you, we will contact you to assist you with the domain name transfer process. If we do not receive a response from you, we will have no choice but to escalate this further and take whatever action that may be required to protect eBay's trademark rights.

    Thank you for your anticipated cooperation,

    Some Asshole Overpaid Lawyer
     
  2. utuxia

    utuxia BANNED BANNED

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    you're not going to win and end up costing you way more in lawyer fees than the $100/month it brings in. You're infringing on a trademarked name w/ that domain. I would just transfer it over to them and be done with it.
     
  3. evilclown

    evilclown Senior Member

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    If it has ebay on the domain, they can file with ICANN and you will lose the domain and they can go after you for the gains the same way they can walk away. Now I am not a lawyer, and I am not giving you legal advice. But check if the office is legit, ask for records, search see if is a legit firm. If your research yields positive results, give up the domain and walk away. They would be happy to sign you a letter saying they will not pursue repayments and stuff. You are violating a TM, sadly they will file with ICANN and you are going to be shut down, even your host would be notify of this violation, etc, etc.

    But in the same way be careful, lot's of scammers out there. Check if is legit.
     
  4. myownhero

    myownhero Power Member Premium Member

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    Chalk it up as a loss and move on.

    I lost a $60/month site from something like this a few months ago. It happens, part of the game.
     
  5. ibmethatswhoib

    ibmethatswhoib Jr. VIP Jr. VIP Premium Member

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    Ya guess I have to see if it's legit, but do I really have to transfer the domain to them? I see only having to take the site down.
     
  6. utuxia

    utuxia BANNED BANNED

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    just depends on what they want. You can ask if you can redirect that domain to a new one so you can continue to earn. Then let it expire.
     
  7. ibmethatswhoib

    ibmethatswhoib Jr. VIP Jr. VIP Premium Member

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    Found out it's a legit lawyer that represents eBay grrrrr
     
  8. charles457

    charles457 Junior Member

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    I tell you what just act like they dont exist and keep earning.
     
  9. ibmethatswhoib

    ibmethatswhoib Jr. VIP Jr. VIP Premium Member

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    Tempting but not worth it in my opinion, I guess I'll just copy the content and change the domain to something without eBay and start over.

     
  10. Hartwigm

    Hartwigm Junior Member

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    Yeah that is really, really bad advice. See if you can get Ebay to buy out the Url for like three hundred bucks. If they say no then move on...
     
  11. -Jericho-

    -Jericho- Jr. Executive VIP Jr. VIP Premium Member

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    301 redirect it to a non ebay domain. That way you can keep your traffic and income. Not sure if they would still come after you but if the site is no longer live on that domain they may not be able to.

    Does the site promote ebay at all? Unless it's obvious you are trying to use ebay's name you could make up some bullshit that it's just part of a longer name.

    ISwimInDeBay.com
     
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  12. MermaidMurder

    MermaidMurder Regular Member

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    Should ask them to buy it from you for a small fee. Say you didn't understand. Say since you are such a famous brand with integrity then you should buy it for a small fee.... Help the little guy a bit.

    Disclaimer*Idk if that would work. I could be a tard :cat48:
     
  13. kvmcable

    kvmcable Supreme Member

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    and give them grounds for a cyber-squatting complaint. Not very good advice.
     
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  14. cutepinky

    cutepinky Junior Member

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    maybe you can ask small amount of fees for the transfer of domain.
     
  15. utuxia

    utuxia BANNED BANNED

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    why don't you counter sue. Tell them you own the rights to ebay.com and they need to hand it over immediately.
     
  16. 2011nfl

    2011nfl Supreme Member

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    Tell ebay to suck your ed--k :D
     
  17. BottingWorks

    BottingWorks Regular Member

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    Tell them you live in Eternal Bay.

    That's the reason for their brand in your URL.



    -- I have a suspicion you're using the brand in the URL in a way that may leech off the original?
     
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  18. assphuck

    assphuck Senior Member

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    I got an idea... Put the domain up for auction on eBay and send the attorney a link to the auction so they can bid on it. :D

    J/K - Good luck
     
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