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Edith from ebayenforcement.com

Discussion in 'Ebay' started by venfayon, Feb 8, 2014.

  1. venfayon

    venfayon Newbie

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    I got the famous email from edith at ebayenforcement.com about paypal. I recent started paypalcoffee.com. I sent a reply asking for something legit to be mailed to me and they only contact online hmm. Does anyone see me not keeping this website in the future or is Edith bull?

    Here's the return address: ip (at) ebayenforcement.com
    Here's the email:
    "It has recently come to our attention that you have registered the domain name paypalcoffee.com which mimics or contains the PAYPAL trademark. As you must know, PayPal, Inc. (?PayPal?), an eBay company, is the leading provider of online payment services. PayPal has extensively used and promoted the name and trademark PAYPAL since 1999 and registered it as a trademark in numerous jurisdictions around the globe, including the United States. PAYPAL is now one of the most famous brands around the world and enjoys broad trademark rights.

    We are concerned that your use of paypalcoffee.com infringes and/or dilutes the distinctive PayPal trademark or constitutes cybersquatting, in violation of PayPal?s legal rights. 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 confuses 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. PayPal diligently protects its famous brand through court proceedings and complaints filed with World Intellectual Property Organization?s arbitration panel. Use of a trademark or domain name that mimics PAYPAL, or which is confusingly similar to it (e.g., a mark that uses a generic term with the distinctive PAL element of PAYPAL for services related to PayPal?s services, such as CASHPAL, MONEYPAL, PAYMENTPAL) violate PayPal?s well-established trademark rights and will not be tolerated by PayPal.

    Various countries around the world, including the United States, have enacted laws which protect brand owners against acts of cybersquatting. In the US, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 ) against persons who use, sell, or offer for sale a domain name that infringes or dilutes another's trademark. Infringers who have been notified that their use is infringing, but do not cease, may also be considered ?willful? and could be subject to additional money damages and liability for attorney?s fees. Having received this email, you are on such notice.

    While PayPal respects your right of expression and your desire to conduct business on the World Wide Web, PayPal must enforce its own rights in order to protect its valuable and famous name. We appreciate that you may have registered paypalcoffee.com without full knowledge of the law in this area. Nonetheless, under the circumstances, we must insist that you stop using the domain name, not sell, transfer, or offer to sell the domain name to any other person, and simply let the domain name registration expire. You also must not register any other domain names that infringe the PayPal or eBay trademarks.

    Just to be clear, PayPal 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 PayPal on the other hand are related and/or affiliated.

    Please reply to this email and confirm that you will comply as requested. If we do not receive this confirming email, we will have no choice but to escalate this further and take whatever action that may be required to protect PayPal's trademark rights.

    Sincerely,

    Edith
    eBay Legal Department"

    My reply to Edith:
    "I will comply, please send me a legal document in the mail to my physical address to verify your legitimacy."

    Edith's reply to me:
    "Thank you for your prompt reply, due to the large volume of recently registered infringing domains, we do not have the resources to engage in phone conversations or to send mail.

    We also prefer that all correspondence is done via email so that we have a record of all exchanges.

    Thank you for your understanding and cooperation in this matter. We look forward to receiving confirmation that you will comply with our request.

    Sincerely,
    Edith
    eBay Legal Department"
     
  2. Panther28

    Panther28 Elite Member

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    My auntie is called Edith.
     
  3. infoasian

    infoasian Supreme Member

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    Just insist on postal mail since it is a legal matter.
     
  4. MadStacks

    MadStacks BANNED BANNED

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    When registering a domain name that you know is going to infringe on someones copyright always
    host it with an offshore registrar and sign up anonymously. Then it does not matter what they send to you
    and the only way they can win is if they send an appeal to ICANN and seize the domain name.

    Also if it does not come in the physical mail it's bullshit a huge portion of the time.

    [​IMG]
     
    Last edited: Feb 8, 2014
  5. VanDam

    VanDam Registered Member

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    I'd insist on them sending it in the mail. Let us know how this works out.
     
  6. cjmixers

    cjmixers Junior Member

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    I call total bs only because there are a few sites that use the 'ebay name' like paypalsucks.com for one, that has been up for years...
    I would wait for them to contact you again, save the emails, not reply, and build up evidence in case it happens to be legit.

    The large registering of domains is no excuse to take 5 minutes (Not to type and entire email mind you) but copy and paste the new domain names to the same standard legal letter. lol
     
    • Thanks Thanks x 1
  7. whyyoumad

    whyyoumad Registered Member

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    that letter is copy and paste...I've seen the same letter word for word posted elsewhere. google around. also, agree, legal letters are done through physical mail with confirmations, not emails
     
  8. venfayon

    venfayon Newbie

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    I told them I would comply and they could verify it, they replied with a thank you and to not use my website just let it expire. I haven't heard anything since nor anything in the mail. People are just jealous and don't want to see you succeed in life if you have a good idea. Anyway, I designed it to have a sister site if it comes to that. Now all I need is more exposure for my site because the prices are a lot better than other sites. They are basically ripping off their customers by selling $20-$25 for a pound of roasted coffee and their stuff is burnt tasting. I have all social media and even youtube video reviews for my product.
     
  9. Bestcreaters

    Bestcreaters Power Member

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    some one probably wants that domain dont be afraid o fast