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  #1  
Old October 20th, 2006, 04:06 AM
arnoldm arnoldm is offline
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Angry Ebay and my domain name HELP

Hello can anyone advise with regards to the problem I have.

I have purchased the domain name ebayrsa.com from Godaddy.com some time ago. Yesterday, I received the enclosed email from EBAY which politely tells me to get lost with no compensation??

Can anyone advise me please?

We are writing concerning your registration of ebayrsa.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 the ebayrsa.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 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 ebayrsa.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act (http://www.patents.com/acpa.htm) 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

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  #2  
Old October 20th, 2006, 06:39 AM
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This is general scare tactics, but I'd comply or get a lawyer. Is your $10 investment worth dealing with eBay's legal team? I'm sure it's probably a bit larger than your legal team, no?

Am I suppose to read that domain as eBay-R-S-A?
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Old October 20th, 2006, 10:51 AM
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Either forget about it or explain to your attorney that you have a legitimate and unrelated right to that name because you just happen to have an organization such as the East Bay Recreational Surfing Association and then have your lawyer write back to them on her/his letterhead stating this.

Otherwise it does sound like you're cybersquatting and strongly suspect of possible motive of phishing.
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Old October 20th, 2006, 11:08 AM
arnoldm arnoldm is offline
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Quote:
Originally Posted by jharnois
This is general scare tactics, but I'd comply or get a lawyer. Is your $10 investment worth dealing with eBay's legal team? I'm sure it's probably a bit larger than your legal team, no?

Am I suppose to read that domain as eBay-R-S-A?


yes RSA means republic of south africa

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Old October 20th, 2006, 12:40 PM
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I think you should just comply. I can't see you have any legitimate claim to that name whether it's the republic of south africa or RSA as it applies to cryptography. It seems clearly an infringement of trademark.

There are many cases where a site containing ebay within the name would not be, however (hypothetical these may or may not exist):

thebaycityrollers.com (i.e. for any 'fans' that remember that 'band' ... sing along Saturday Night now ...)
jebayers.com (i.e. a personal website for a guy named Jeb Ayers)
delawarebay.org (i.e. a conservation society for delaware bay)

But it seems fairly clear that you don't fall into 'coincidental likeness'

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  #6  
Old November 14th, 2006, 05:44 PM
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get this as a domain name, well, i dont think theres a .***, but

ebaysucks.***

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