I need law advice from internet -- Auction site with "ebay" in the domain.. legal?

g1c9

g1c9

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Jun 26, 2006
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I need law advice from internet -- Auction site with "ebay" in the domain.. legal?

Hey,

I know nothing about intellectual property/trademark law, etc. I have a potential web development client who wants me to help him launch an online auction site that has "ebay" in the name. It is a single word, but merged.

It's something like: ebaycals.com (auction site like ebay for bifocals)
or: ebayvisions.com (auction site like ebay for televisions)

Is this legal? I'd love to take on the project but I don't want to be sued by ebay.

He is of the belief that ebay will buy him out as soon as the website launches with a bang and is immediately popular ;).

I don't want to spend money on law consulting for a potential client. At least not if this is an obvious answer.​
 


g1c9 said:
He is of the belief that ebay will buy him out as soon as the website launches with a bang and is immediately popular ;).
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good luck with that. I'd stay as far away as possible from that one, they're pretty aggressive about the use of their name in domains
983003
983003
 
eBay will be all over that like stink on poop. Their TM policy (at least for affiliates) is the string "ebay" can't appear anywhere in a URL until after the third slash. You need to find smarter clients.
 
Added note: He bought the domain 5 years ago and has an Under Construction page up the entire time -- with this long-term plan.

Ebay has been around 15-17+ years, methinks.
 
Am I the only one that thought "what a fucking moron" before even clicking through to the post?
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If you mean me: I'm just getting advice. If there's a debate I'll hit up a lawyer.

Also, disregarding this guy. Would the website's developer/designer be in trouble as well? I'm developing the site with full knowledge of this guy's plan.
 
Thanks for that link - I'll stay away and give him the heads up.

"I need law advice from internet" < That was a joke... Notice the lack of proper grammar.

I've turned down the project.
 
justo_tx said:
Am I the only one that thought "what a fucking moron" before even clicking through to the post?
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lol I thought the same thing, not sure why I even opened it.

As for you and your buddy I would stop now, eBay is going to fuck him over hardcore. No they wont directly go after you, but why are you even going to chance it? They may full well be able to go after you if they claim that you were responsible for putting "ebay" in their images or logo.

Best advice, stop all work with this guy, tell him ebay will murder him, and find a new client. It will not be worth the money you will make.

They have seriously shutdown every site that has ever used ebay in it. Even parody sites like "weird ebay" that just linked to weird stuff on ebay.
 
Your client is going to build the site out and get traffic, then ebay is going to seek legal action. They might be nice at first and ask your client to hand over the website, but they will eventually use hard methods to get the site taken down. Either way, ebay is eventually going to end up with the domain, either by your cvlient giving it to them , or by ebay taking it through $xx,xxx+++ lawsuits.

Granted, this could take years; your client is an idiot.
 
title of this thread makes me laugh. Ebay will rape you for this.

Edit: after reading again, this is my favorite part

He is of the belief that ebay will buy him out as soon as the website launches with a bang and is immediately popular
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i like the toxic land comparison to tm infringing domains. sometimes you can have a negative value... basically even worse than worthless.
 
Update:

Gary,

I'd love to work with you on another project, but I cannot help you with this one in its current form. Sorry.

I'd advise you to view the following:
Bill Text - 106th Congress (1999-2000) - THOMAS (Library of Congress)

I've gotten advice from associates. Since its inception, ebay has successfully shut down every. single. website. that infringed on its trademark. They are notorious for protecting their brand.

Please give me a call whenever able so we can talk about selling your antiques online.

Thanks,

Cameron
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Hey Cameron, Many Thanks for your time.. I found someone local to help me get the site up.. I'm not afraid of ebay or their attorneys.. They can't control everything with the word ebay in it.. Watch for me on CNN ! Anyway Thanks Again G.
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www.ebaytiques.com < lp outed oh noes
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Edit: G as in Gary - not gangster.
 
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