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Got a warning from Ebay legal re EBAY in Domain name

Discussion in 'Ebay' started by SweetChuck, Dec 28, 2011.

  1. SweetChuck

    SweetChuck Junior Member

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    Is this for real of what ? I've got a domain that I promote various Ebay related products, that happens to have Ebay in the domain. They should be pleased that my site encourages and teaches powersellering and makes those megolomanic fuckers more money , anyway what do you guys think ? I don't even know how this got to one of my Gmail acc's as its not associated with my domain registrar at all . I smell bullshit !


    Code:
      From [EMAIL="ip@ebayenforcement.com"]ip@ebayenforcement.com[/EMAIL] 
     
    We have noted your registration through the local Internet registry in your country of a domain which incorporates the trademark EBAY. While we realize that you likely registered the domain with the best of intentions and without awareness of the law in this area, we need to inform you that use of that domain is problematic.
    eBay does not permit use of its trademarked name EBAY in a domain name.
    Such use is in violation of international intellectual property regulations and the trademark laws of many countries worldwide.
    Additionally, arbitrary use of the word BAY in a domain is problematic if the connected website is used in association with a business making use of eBay or operating in the same sphere of business as eBay.
    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 sites [URL="http://www.eBay.com"]www.eBay.com[/URL], [URL="http://www.eBay.de"]www.eBay.de[/URL], [URL="http://www.eBay.co.uk"]www.eBay.co.uk[/URL], and others in North America, South America, Europe, Asia and worldwide. The coined term eBay is one of the most famous trademarks on the Internet.  eBay owns exclusive trademark rights to the eBay name in many jurisdictions 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.
    Please review the following links for further information regarding eBay trademarks:
    [URL]http://pages.ebay.com/help/community/tm.html[/URL]
    [URL]http://pages.ebay.com/help/policies/trademark.html[/URL]
    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.
    Please confirm in writing that you will agree to resolve this matter as requested.
    Thank you in advance for your anticipated cooperation.
    Best regards,
    Edith
    eBay Inc.
    Legal Department
     
  2. orlandolongwood

    orlandolongwood Junior Member

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    A recent dispute involving Lady Gaga goes directly to this kind of dispute. She lost a domain name UDRP action to get back ladygaga[dot]org:

    Unfortunately, it looks like you are profiting from the use of the trademark in your domain name. So whether its an arbitrary action, legal dispute, or UDRP action -- you will eventually lose.
     
  3. fcb3323

    fcb3323 Registered Member

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    It looks like a scam to me...the mail was sent from @ebayenforcement.com, which can be anybodies domain...ask them to send you a mail from an @email.com account and if they do, you should take the site off.
     
  4. Crewchief007

    Crewchief007 Power Member

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    Actually...

    Code:
    ebayenforcement.com
    does redirect to:

    Code:
    http://pages.ebay.com/help/policies/everyone-ebayipuse.html
    Where you will find this...

    The best advice the OP can follow at this juncture is to lawyer up and not with forum lawyers, LOL!
     
  5. Zeopro

    Zeopro Junior Member

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    Yep.. companies like eBay have lawyers on staff doing nothing but protecting their trademarks. The eBay name is worth billions and they will go to great lengths to protect it.
     
  6. SweetChuck

    SweetChuck Junior Member

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    Yet I've seen shitloads of aged domains with Ebay in the name, mainly competition. Wonder why they can still exist ?
     
  7. fcb3323

    fcb3323 Registered Member

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    Anyone can set any domain to redirect to to that page, so I don't see your point here...but, indeed, forum lawyers aren't going to bring you anywhere :)
     
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  8. Crewchief007

    Crewchief007 Power Member

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    My point was at the end, "Lawyer up!" As far as the redirect, sure anyone could have done the redirect; that's common knowledge. But after having received the same type of threatening letters, cease and desist orders and the such, related to domain names, experience has taught me this = I am not a licensed lawyer versed in IP. Consequently, I am not qualified to handle such matters. At best, I can offer commentary steeped in my opinion. At worse I can offer observations, steeped in my opinion. But I cannot offer factual legal precedence backed by case law. If that email is legit and $$$ is at stake, the OP best lawyer up.

    In each case that I've received one of the same type of letters, my attorneys slammed the company/organization with the actual LAW! And just for laughs, here is one of my heroes at PayPalSucks.com. If you recall PP attempted to snag his domain name and he lawyered up and you gotta love his lawyer's chutzpa.

    www.paypalsucks.com/domain-name-disputes.shtml

    That said, the OP cannot know or learn his actual legal rights until he speaks with a licensed and seasoned IP attorney with balls made out of tempered steel.
     
  9. Zelthcon

    Zelthcon Junior Member

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    I had a quick read of that page you linked and the letters that we sent, that was such a smack down, no wonder the PayPal lawyer did not respond, he had no leg to stand on.

    I mean I do not see why simply because a word has been trademarked it cannot be used in a different domain anyway, as long as they are not using it to try to seem like or impersonate the actual company, it does no harm.
     
  10. anonguyalone

    anonguyalone Newbie

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    If you want to continue, lawyer up and see if you are allowed to do that.

    The message is real, whois say that the domain is registered by ebay and the registrar company is focused on internet brand protection.
     
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  11. wgn_white

    wgn_white Regular Member

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    Buy a new domain.
    Transfer all content to the new domain and do 301 redirects before turn off the domain.
     
  12. ohaider

    ohaider Senior Member

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    They are legit.
     
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  13. eBayMafia

    eBayMafia BANNED BANNED

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    And they are pretty serious. I promoted online classes through a website that had to do with "online selling" and has the word "bay" in the domain and they were very adamant about me taking down the domain even though I removed the word "eBay" through out the site but I probably could have fought it as "Bay" does not have direct ties to "eBay." Ever wonder why there is a bunch of cool domain name options that have to do with eBay?
     
  14. kaloqq

    kaloqq Junior Member

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    And what the hell will happen if someday a big company decide to make a trademark "buy" or "sale"? They are gonna take all of the domains that consist that word? I really believe that the big guys are getting too greedy...
     
  15. Crewchief007

    Crewchief007 Power Member

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    Unfortunately, that is why you have to lawyer up and that is why YOU MUST protect yourself legally. Really, you should take the step of trademarking your profitable web properties from the get go. That is exactly what Allen Says was thinking back in 2007 when he filed this for the WF:

    [​IMG]

    He did the right thing and that's what serious IMers should do for their income producing sites. If you fail or refuse to protect yourself and your web properties, rest assured there are corporate domain name claim jumpers on the hunt for online properties that have high monetary value.

    To be clear; they will trademark your name if you haven't and the law allows it.

    And by the way, if I'm the OP, I'm not giving up, forwarding or acquiescing a thing unless "MY" attorney advises otherwise.
     
  16. mindlesswizard

    mindlesswizard Supreme Member

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    received the same email from ebay. And my bad i have a EMD of one of their products. If they were so concerned about the domain they they should have preserved the domain already. Any thoughts ?
     
  17. ebayisajoke

    ebayisajoke BANNED BANNED

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    This is all BS, just ignore the emails. eBay's lawyers have to send you a cease and desist in the mail as a warning to remove the domain. And if the domain is brand new, eBay plays this tactic with most people. They did it to me, and I have my domains 10 years later with eBay in them. lol Mine are news blogs about eBay, so I don't know what you are doing exactly but I say just ignore the email and tell them to inform you in writing.

    Oh, one last thing, just look at the language of the email "use the domain name is problematic". So what if it's problematic!!!
    eBay has to take you into court, no registry can shut you down legally by law before do process. If eBay doesn't like it, tell them to file papers on it.