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eBay Sues Alternative Site for Infringement
wayneherndon
Posts: 2,357 ✭✭✭
wayneherndon
Posts: 2,357 ✭✭✭
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Proud Participant in Operation "Stone Holey" August 7, 2008
--Christian
Bob Martino
I suggest they change 'patients' to 'patience'
I also wish them luck.
Steve
<< <i>Is this Bob Martino the same that used to work for Heritage? >>
The Heritage guy is Bob Marino, not Martino.
For the love of ... a very small time website having auctions.
Steve
In memory of the USAF Security Forces lost: A1C Elizabeth N. Jacobson, 9/28/05; SSgt Brian McElroy, 1/22/06; TSgt Jason Norton, 1/22/06; A1C Lee Chavis, 10/14/06; SSgt John Self, 5/14/07; A1C Jason Nathan, 6/23/07; SSgt Travis Griffin, 4/3/08; 1Lt Joseph Helton, 9/8/09; SrA Nicholas J. Alden, 3/3/2011. God Bless them and all those who have lost loved ones in this war. I will never forget their loss.
2. I suppose I now have to scrap my plans to open www.anacondabay.com
``https://ebay.us/m/KxolR5
Russ, NCNE
NSDR - Life Member
SSDC - Life Member
ANA - Pay As I Go Member
<< <i>Hell, eBay sent me a nastygram because I own the domain ebayvend.com.
Russ, NCNE >>
what did they say...if i may ask?
<< <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
Apropos of the coin posse/aka caca: "The longer he spoke of his honor, the tighter I held to my purse."
President, Racine Numismatic Society 2013-2014; Variety Resource Dimes; See 6/8/12 CDN for my article on Winged Liberty Dimes; Ebay
<< <i>They really need to watch their new name, too. It still ends in "ay" >>
look out fonzie!
<< <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!
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BONGO HURTLES ALONG THE RAIN SODDEN HIGHWAY OF LIFE ON UNDERINFLATED BALD RETREAD TIRES
<< <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
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.
1/2 Cents
U.S. Revenue Stamps
<< <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!
<< <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, NCNE
<< <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
Proud Participant in Operation "Stone Holey" August 7, 2008
<< <i>http://www.ebayvend.com
Russ, NCNE >>
Offer to sell it to them.
John Marnard Keynes, The Economic Consequences of the Peace, 1920, page 235ff
John Marnard Keynes, The Economic Consequences of the Peace, 1920, page 235ff
I think I'll do a little domain shopping over the weekend .
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
<< <i>http://www.ebayvend.com
Russ, NCNE >>
You rock out loud.
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.
Buying top quality Seated Dimes in Gem BU and Proof.
Buying great coins - monster eye appeal only.
The Lincoln cent store:
http://www.lincolncent.com
My numismatic art work:
http://www.cdaughtrey.com
USAF veteran, 1986-1996 :: support our troops - the American way.