eBay Trademark Infringement email notification

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themole

is burrowing
Sep 25, 2007
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I received this email today from "enforcement@ebay.com". The domain in question doesn't have anything on it (publicly), and I never planned on selling it. If you pull it up it's just a blank white page. I just run my ebay affiliate scripts from it (not directly, i just have my core files stored there and then the real public sites use those files)

Do I have anything to worry about if I keep the domain? Seems like a load of crap to me to just email me...but maybe they're just trying to be nice and save some legal fees.

We are writing concerning your registration of ebay#######.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 eBay - New & used electronics, cars, apparel, collectibles, sporting goods & more at low prices. 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 ebay#######.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 ebay#######.com without full knowledge of the law in this area. 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 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,

[Chicks name was here]
eBay Legal Department

Thanks,
-the mole
 


Don't worry about the email deal; I'm guessing something in hardcopy and a little more legally threatening would be next if they're going to pursue you. Letters take more time to send, receive, read and respond to. Email's just good for both parties as it's convenient and quick.

Wait for the hardcopy letter, if you're curious to see how they're gonna play.

Re the legal situation, I'm no authority on the topic, but with precedent behind them (ebaysecurities case) and if you're not 'doing' (publicly) anything with the domain, is it worth the costs/risks/heartache/etc to even consider fighting it?
 
Amazon is the same way. The don't care if you actually use it or not.
And they probably won't send you a letter. They'll send it to your registrar and have the domain handed over to them.

And did you read their TOS?

eBay Trademarks: You will not:
1. Adopt or use any company name, trademark, trade name, brand, domain name, or URL (specifically, any term before the third "/" of your URL) that incorporates as part thereof any of eBay's domestic or international trademarks (including the translations and/or transliterations thereof) including, but not limited to, "eBay", "PayPal", "Half", "eBay auctions", "eBaymotors", "ebay motors", "eBay jewelry", "PayPalpayments", "paypal payments", "Halfitems", "Half items";

Even if you're just using it as a redirect it still counts as part of your URL and I'm no copy write expert but it appears your at least violating the partner program TOS.

If nothing else they can at least reverse any commissions and drop you from the program.
 
I won't fight them for it, beyond possibly ignoring this email. It's definitely not worth it.

To clarify, nothing is really running or being redirected off of that domain. It only serves as a holding spot for files I use on other domains. (eg, include('../ebay#####.com/somefile.php');) Technically I don't even need the domain, but I don't like to be bullied or tricked into giving up a domain.

Thanks for your input guys

-the mole
 
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