They have automatic C&Ds, so when it sees the "ebay", it sends out a notice. You did the right thing. I wouldn't worry unless you use it to offer auction services..
There have been a number of posts about eBay and their attempt to protect everything with the letters "ebay" in it - it does seem to be "automated" in some fashion..
This is just a personal observation. It seems some trademark holders send out.
C&Ds "automatically", but are prepared to back down once the registrant does.
Show they have an unrelated and legitimate use.
Unfortunately trying to show an unrelated and legitimate use is more difficult.
When uniquely famous (hint) trademarks are involved...
Would you be able to sue eBay for causing you emotional distress, bla bla bla...?..
LOL, yeah maybe if I had one of their high dollar lawyers...
Mmmm I own warebay (.) com and parked with keyword "auction"... but what the hell the word is ware : ware 1 (wr).
1. An article of commerce..
2. An immaterial asset or benefit, such as a service or personal accomplishment, regarded as an article of commerce..
And ebay is not the owner of the word bay....
(ps I didn t get any letter on anything, and their letter for your domain name is just RIDICOULUS)..
I love how domainers disillusion themselves and try to be cute. Here is what I see:.
noun 1. a conflict carried on by force of arms, as between nations or between parties within a nation; warfare, as by land, sea, or air.
2. a state or period of armed hostility or active military operations: The two nations were at war with each other.
3. a contest carried on by force of arms, as in a series of battles or campaigns: the War of 1812.
4. active hostility or contention; conflict; contest: a war of words.
5. aggressive business conflict, as through severe price cutting in the same industry or any other means of undermining competitors: a fare war among airlines; a trade war between nations.
6. a struggle: a war for men's minds; a war against poverty.
7. armed fighting, as a science, profession, activity, or art; methods or principles of waging armed conflict: War is the soldier's business.
9. Archaic. a battle.
verb (used without object) 10. to make or carry on war; fight: to war with a neighboring nation.
11. to carry on active hostility or contention: Throughout her life she warred with sin and corruption.
12. to be in conflict or in a state of strong opposition: The temptation warred with his conscience.
adjective 13. of, belonging to, used in, or due to war: war preparations; war hysteria.
Noun, A leading company in the auctions service who branded thier name around the world. They tirelessly fight to to protect their name which they alone have established in the marketplace.
So, the way I see it is war - ebay which keywords are "auction" Ebay does own ebay.
What is a ware bay anyway, it is a nonsensical word and the only thing that comes up on a search has ebay, the auction site, associate with the term And since you admit to using the keyword "auction", I thank you for contributing to the reputation of domainers.
I would say you just blipped on the radar screen via your own post. But to state you keyword it under "auctions" is as eluded to ..... damaging. I think you're OK because the "e" grammaticality belongs to the previous word. Also as you state the Phrase has another use other than "ebay" or " online auctions".
But since he is using it for "auctions" ...he is NOT ok...
Ok then I will change my keyword. But never heard of warehouse? well change the house in a bay and you got the picture. WAR ebay what does mean by the way?..
You would think so but see this: Ebay vs PerfumeBay.com http://snurl.com/perfumebay.
"...in finding that conjoined forms of perfumebay created a likelihood of consumer confusion. The district court, therefore, properly enjoined Perfumebay from utilizing such infringing marks.".
"...the district court erred in holding that Perfumebays marks did not produce a likelihood of dilution, as the marks are nearly identical to eBays mark.".
The PerfumeBay.com owner has started a blog about her fight.
You can follow the domain owner's blog here: http://www.makesnoscents.com/.
This was her first blog post here. It's an eye opener: http://www.makesnoscents.com/?p=3.
Maybe all these people should group together to sue ebay for denying them the rights to use [any words ending with "e"]+bay as a business identity. If you look at it from a broader perspective, nobody else has the right to own spacebay, lovebay?..
Usage plays an important part of the equation. It is more than just the "ebay" and I really wish people would stop saying that, it is not. The one guy admitted freely to using "auction" as a keyword, I am sorry, but he is looking to score off the TM, and it is actions like that which put us in the situation we are now. If we did not have cybersquatters, our lives would be much easier...
Bay 1 (b).
1. A body of water partially enclosed by land but with a wide mouth, affording access to the sea: the Bay of Biscay..
2. An area of land, such as an arm of prairie partially enclosed by woodland, that resembles in shape or formation a partially enclosed body of water..
[Middle English, from Old French baie, perhaps from baer, to open out, gape; see bay2.].
Bay 2 (b).
1. Architecture A part of a building marked off by vertical elements, such as columns or pilasters: an arcade divided into ten bays..
A. A bay window..
B. An opening or recess in a wall..
3. A section or compartment, as in a service station, barn, or aircraft, that is set off for a specific purpose: a cargo bay; an engine bay..
4. A sickbay..
5. Computer Science A drive bay.
Then again: ware 1 (wr).
1. An article of commerce..
2. An immaterial asset or benefit, such as a service or personal accomplishment, regarded as an article of commerce.
Where do you sell article of commerce on the net? most likely on auction....
From the dictionary as above I read engine bay, a drive bayDoes ebay owns pirate bay? I changed my keyword, however the ads where pointing different auction site then e bay but also ebay. I was "advertising them" somehow and not selling something using their name...big difference here..
I was addressing HasRob with that comment. He said it was a Housing development. Online sales and auctions was the primary model for Perfumebay. Not so with Lumber Tone Bay..... just an opinion..
Truman, read post #9 please....
The term "war" with a noun was made famous by Jim Rome who is a sport talk show host. It is meant that the noun take up a challenge, hence the term "war ebay" since that is what that term spells out...
Being italian, I can t argue that much about the deepest meanings of words against mother tongue people. (and I have honestly no idea who Jim Rome is)..
I like the name though ; evidentely if I will receive any communication from e-bay to drop the name I will do without thinking twice.
However I am not happy with the interpretation of a TM issue. If I am not using the name (given that there is an issue with it) to compete or damage a company but instead drive visitors and sales to their sites, my opinion is that they should give a prize instead..
You guys have more experience on this TM issues so I respect your opinions and view. Any further advice?..
Talk to a lawyer with real-world experience in these matters...
My name is getting exposure I put BIN at 700$ offers are welcome..
Apart jokes I wouldn t make a big deal out of warebay..
Back to the original name LumberToneBay.com I think that doesn t have an issue with ebay (the name is not misleading) and at the end common sense should drive judgements of TM infringements on individual cases...
They generally do. But even common sense isn't as common as we think it is,.
Given varying levels of knowledge and understanding among people...
It's not just PerfumeBay.com.
Ebay went after her modified domain name Perfume-Bay.com.
And according to URL Academy:.
"EBay has for years waged legal fights against Web sites with all sorts of names that end with bay..
It has closed down AutoBay, RentBay and other sites.".
In case you didn't notice, there is no "e" in AutoBay or RentBay.
But that did not stop our friends at Ebay.
See here: http://www.urlacademy.com/?p=60.
Evidentely ebay owns the word bay. Why don t we wset up an auction biz and we call it estreet and sue anybody has the word "street" in the domain name.....
Evidently, you are not understanding all the issues here, you really need to read up on TM and domains and how they relate. This is your quote: It is your intent and/or usage that makes you a squatter. It is no the fact that "bay" is in the domain. This has been repeated many times, yet, people keep on coming back to "they own every bay in the world". Well, I will tell you this, if lazy unimaginative people stop using other's trademarks and riding their coattails for you own personal monetary gain, then TM holders would not be making life tough for the real domainers out there. Unfortunately, the squatters have ruined it for us.
Say what you will, but you admit to using "auction" as a keyword, this action makes what you are doing questionable. Then you brag about the interest you are getting in the domain and set up a BIN (which should be edited out, there is no selling in the legal section. but hey, squatters have no morals and do not care about legalities or ethics)...
Probably I don t understand TM. But probably you can t read. I was evidently joking. And as I wrote before I already had changed the keyword..
If I was in bad faith as you are repeating I wouldn have post anything in the first place..
Think about it and please you need to read more carefully when you reply especially if accusing someone..
Thank you (with no bitterness and no anger).
Anyway I am awaiting your excuses because you can t even talk about my moral and ethics...
I read quite well, I see your true intentions (refer to your previous post). You may have changed the keyword, but you can't hide the fact you infringed on ebay for commercial gain. Talk is cheap, actions speak volumes...
Your words are indeed very cheap as you throw them to the floor so easily. You God and judge of ethic and morale that understand everything but have the same sense of humor of a lizard and the sensibility of an obese elephant..
Let s put the world END to this thread this are your words thrown away " Then you brag about the interest you are getting in the domain and set up a BIN (which should be edited out, there is no selling in the legal section. but hey, squatters have no morals and do not care about legalities or ethics)..
I just will answer " Keep this judgement for you; your sarchasm and accusation.
Has no reason to be as you misunderstand my words that were clear to everybody apart you. Giving judgements of my morale and ethichs? You dont even know me and YOU MUST STOP OFFENDING ME. Hope this time you read this post with more attention...
Brrrrrrrrr..... Time to ch-ch-chill a bit folks - keep it CCP (Cool, Calm, Professional ).
I tried with the post before Allan, but I don t like to be called a squatter with not moral careless of legalities and ethics. I just can take it. Instead of pulling back he is continuing on this line. I am sure you read through the thread, and I was asking for advices in good faith trying to build up constructive discussion. Then I got verbally abused...
Sorry, but you want to know the legalities, well I am pointing them out to you. What you have done is bad faith. I am showing you how it could be perceived as cybersquattting with the information you provided. I show how teh public thinks of our business and I also show how it hurts us or could hurt you if you are challenged. You changed the keyword, but you still used teh keyword to generate traffic based off a TM. Am I right or wrong?.
I am blunt at times for a reason, it is to make people think (or at least I hope). If someone does not like it when I call them a cybersquatter, I would hope they learn why I do it and hopefully they learn from th circumstance. You changed your keyword which is good, but you still tried to use teh TM. I pointed that out, so hopefully in the future, you will be more careful when setting up your portals sites...
Philip you have been very harsh to me: you have to ponder your words a bit and I will take your last post as excuses to me (also if you seem very proud and reluctant to do it in a clearer way). Let s put a stone on top of it..