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GoDaddy customer service : Great idea to pay for GoDaddy?? ebay TM warning/reminder...

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Hey guys, I got this from ebay for a domain I dont even own. Replied with 'I'll do all I can to rectify the problem, sorry for any infringement caused etc', and they have not come back to me. "We are writing concerning your registration and use of the domain name ebayfliesen.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 it's 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 it's name.

EBay has made a substantial investment in developing and providing it's services. As a result of eBay's pioneering efforts and 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 and use of ebayfliesen.com. As we hope you can appreciate, protection of it's trademarks is very important to eBay. Your registration and use of ebayfliesen.com violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous eBay trademark.

Infringement occurs when a third party's use of a company's trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party's services. Trademark dilution occurs when a third party's use of a variation of a company's trademark is likely to lessen the distinctiveness of the company's famous trademark.

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 has 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 therefore denied registration of ebaysecurities. eBay is concerned that your unauthorized use of the eBay name may 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 ebayfliesen.com without full knowledge of the law in this area. However, eBay is concerned about your use of the eBay trademark in your domain name. As you may know, the Anticybersquatting Consumer Protection Act (http://www.submerged-ideas.com/litig...cybersquat.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 it's own rights in order to protect it's valuable and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you immediately stop using ebayfliesen.com and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should 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"..

Comments (7)

Did you used to own it or how did they pick you out to email?..

Comment #1

No mate, I have never even heard of it, so I am not sure what they are going on about. I don't even know what it means. The only thing that did worry me a bit, was that I do own ebaycrystal.com. But I only payed about 1.20 for it, so I have offered to pass it to them..

I have no clue how they got my email add, I am an ebay user, but they have not mentioned my ebay ID. The whois on the domain they are talking about comes up with nothing either? A mystery (or some kind of scam????).

Jay..

Comment #2

Your only reply should have been that you do not own the domain in question and please have them verify this and confirm back with you...

Comment #3

Yeah you shouldn't offer anything else that was a big mistake. Always stick to what they talk about, it could be a scam but it may possibly be worth emailing them...

Comment #4

Interesting how a lot of domains containing "ebay" are sold on ebay...

Comment #5

They probably were sending out their daily cease and desists and forgot to change the domain name from that fellows domain to your ebay domain.

I used to own a pretty cool ebay related domain that I just used with some friends as a joke. I got cease and desisted after a few months.

They have companies that just monitor new registrations (and websites/search engines) to look for trademark infringements. Even if you weren't up front with them about the ebay related domain that you *do* own, they would have come across it anyway.

I think you did the right thing...

Comment #6

Cheers rb, that is what I was thinking. But I still should learn to keep shut ;-).

And edwinfelix, yeah, there are loads of ebay domains on ebay...they never seem to close the auctions down...

Comment #7


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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