eBay Sues Alternative Site for Infringement

wayneherndon

coinbay.biz

Link tells the story.

WH

ziggy29

For all the talk about Goliath whipping David on that site, it seems pretty obvious to me what they were doing by including the "Bay" portion of the name.

ONETHREE

Well the color scheme of the name seems a little close. However, it seems as if the USPTO is saying anything with "bay" in it (ie "fleabay" or "bay bazaar") is confusing with e-bay. I am not sure I agree. But it is the USPTO's call and e-bay got the trademark first.

cmerlo1

I wondered how long it would take...when we set up our site, our attorney advised us to keep it as unlike eBay as possible to avoid any problems...Coinbay's logo (even down to the colors) and name were a little too close, I guess.

--Christian

Scavenger

And now it's coming back as coinDay? I think I would have gone with a different name all together.

Rampage

Is this Bob Martino the same that used to work for Heritage?

WinPitcher

Thank you for your continued support and patients during these trying times.

Bob Martino




I suggest they change 'patients' to 'patience'


I also wish them luck.


Steve

ziggy29

<< <i>Is this Bob Martino the same that used to work for Heritage? >>

The Heritage guy is Bob Marino, not Martino.

FullStepJeffs

Okay... new rule... nobody use "the" word anymore. I don't want to see the same kind of case that happened with a few members around here and an unmentionable grading company.

For the love of ... a very small time website having auctions.

Steve

poorguy

1. Why doesn't eBay just freaking buy up every logical sounding "bay" domain name?

2. I suppose I now have to scrap my plans to open www.anacondabay.com

TwoSides2aCoin

eBay can buy judges and I'm sure they do.

Russ

Hell, eBay sent me a nastygram because I own the domain ebayvend.com.

Russ, NCNE

Coxe

It was a bad idea/design from the start. Too bad it developed into a production environment with customers before that was determined though. Infringement challenges were obviously coming. Good luck for them making the transition anyway.

YaHa

I hope I don't have to pay Ebay to fish in the Chesapeake Bay here in Maryland where I live. Chesapeak(eBay).com I know there are many coins in the depths of the Bay to be found. Mel Fisher would not be happy. Yaha

mozeppa

<< <i>Hell, eBay sent me a nastygram because I own the domain ebayvend.com.

Russ, NCNE >>





what did they say...if i may ask?

TexasNationals

What I want to know is who sold my email address to them, I got tired of their emails?

tr8cer

<< <i>Hell, eBay sent me a nastygram because I own the domain ebayvend.com.

Russ, NCNE >>



You seriously should put it up for sale. What do you guys think. Could probably bring in some good money. eBay might get into the bidding war too to protect their own interest.

edited for spelling

pharmer

I'm neutral on that.

fcloud

They really need to watch their new name, too. It still ends in "ay"

mozeppa

<< <i>They really need to watch their new name, too. It still ends in "ay" >>



look out fonzie!

DieClash

<< <i>Hell, eBay sent me a nastygram because I own the domain ebayvend.com.

Russ, NCNE >>



Hey Russ, care to share the contents of the nastygram here? Enquiring minds want to know!

Russ

This is what they sent me. They actually jumped on ebayvend.net. I guess they missed the fact that I also have ebayvend.com.



<< <i>X-Mailer: MIME::Lite 3.01 (F2.71; A1.66; B3.05; Q3.03)
Date: Fri, 23 Jun 2006 15:30:13 UT
X-Prf-Id: 2688
X-Mailer: eEnforcer v3.5
X-Act-Id: 41657
X-Replyto: enforcement@ebay.com
Subject: Domain Name Registration - ebayvend.net
X-Tmp-Id: 8
To: russ@compucheap.com
From: enforcement@ebay.com
X-Virus-Scanned: CleanMail 2.5 at mf09
X-Spam-Status: No, hits=4.602 required=6 tests=[DNS_FROM_RFC_ABUSE=0.374,
FORGED_RCVD_HELO=0.05, NO_REAL_NAME=0.178, SARE_FORGED_EBAY=4]
X-Spam-Level: ****


Content-Transfer-Encoding: binary
Content-Disposition: inline

We are writing concerning your registration and use of the domain name ebayvend.net, 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 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 ebayvend.net. As we hope you can appreciate, protection of its trademarks is very important to eBay. Your registration and use of ebayvend.net 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 ebayvend.net 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/litigation/anticybersquat.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 immediately stop using ebayvend.net 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 >>



Oh, and it didn't actually come from eBay. It came from MarkMonitor.com. eBay, as well as many other large companies, contracts with them to handle trademark issues.

Russ, NCNE

coinpictures

Well, there goes my plan to register ebaysucksmoosetesticles.com.

Nothing new. The Monster company, maker of the heinously overpriced "Monster Cables" has been suing anyone and everyone using the term "Monster" in their business name for years.

Some of the parties that Monster has sued:

monster.com (the job hunting site)
Monster Garage (the television show)
MonsterVintage (a clothing store)
Disney (for making the movie Monsters, Inc.)
the makers of Monster energy drink
the Chicago Bears (for having the nickname "Monsters of the Midway")
the Boston Red Sox (for offering "Monster seats" on top of "The Green Monster")

(and no I'm not making those up)

So if you own any monster toners, you owe them a cut.

Manorcourtman

<< <i>This is what they sent me. They actually jumped on ebayvend.net. I guess they missed the fact that I also have ebayvend.com.



<< <i>X-Mailer: MIME::Lite 3.01 (F2.71; A1.66; B3.05; Q3.03)
Date: Fri, 23 Jun 2006 15:30:13 UT
X-Prf-Id: 2688
X-Mailer: eEnforcer v3.5
X-Act-Id: 41657
X-Replyto: enforcement@ebay.com
Subject: Domain Name Registration - ebayvend.net
X-Tmp-Id: 8
To: russ@compucheap.com
From: enforcement@ebay.com
X-Virus-Scanned: CleanMail 2.5 at mf09
X-Spam-Status: No, hits=4.602 required=6 tests=[DNS_FROM_RFC_ABUSE=0.374,
FORGED_RCVD_HELO=0.05, NO_REAL_NAME=0.178, SARE_FORGED_EBAY=4]
X-Spam-Level: ****


Content-Transfer-Encoding: binary
Content-Disposition: inline

We are writing concerning your registration and use of the domain name ebayvend.net, 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 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 ebayvend.net. As we hope you can appreciate, protection of its trademarks is very important to eBay. Your registration and use of ebayvend.net 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 ebayvend.net 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/litigation/anticybersquat.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 immediately stop using ebayvend.net 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 >>



Oh, and it didn't actually come from eBay. It came from MarkMonitor.com. eBay, as well as many other large companies, contracts with them to handle trademark issues.

Russ, NCNE >>




So what are you going to do?? Inquiring minds want to know!

Russ

<< <i>So what are you going to do?? Inquiring minds want to know! >>



Nothing. I ignored them, and haven't heard from them since.

Russ, NCNE

Russ

http://www.ebayvend.com



Russ, NCNE

VicThrust

perfumebay.com is in the middle of a 3 year suit brought on by Ebay. They have spent $600 k defending their mark so far.

ONETHREE

<< <i>Well, there goes my plan to register ebaysucksmoosetesticles.com. >>




Actually, you might me okay with that one. Link

As long as you were using the website to do consumer review of ebay (can't defame them, as tempting as it might be) this decision in the "ballys sucks" case would be a helpful precedent. Nothing is ever 100% with the law however.

Link 2

Barry

<< <i>http://www.ebayvend.com



Russ, NCNE >>



Offer to sell it to them.

ScarsdaleCoin

I understand that ebay claims all sites using "e" are infringing... LOL

Deadhorse

What about this?

Deadhorse

mrearlygold

Let them try to sue Vietbay.com too ?

I think I'll do a little domain shopping over the weekend .

poorguy

<< <i>http://www.ebayvend.com



Russ, NCNE >>



You rock out loud.

COINB0Y

But it is the USPTO's call and e-bay got the trademark first.

Unfortunatley, the USPTO is not the decider.

They just issue a Trademark and then it is up to the courts as the ONLY way for enforcement.

It will be a very expensive fight if he decides to mess with Ebay. They will drain him.

seateddime

no winning that war

coppercoins

The subject site in the beginning of this thread has many issues - bad spelling, rather amateurish graphics, rather poor layout. Perhaps they should hire professionals if they're going to compete with ebay.