Hi I'm considering purchasing a domain with the name ebay as part of the domain. Will there be a problem as far as using the domain with ebay. Example www.xyzebayxyz.com Please give me as much info as possible. Prefer pm's as I check them most frequently. Thanks in advance
ebay is very aggressive in protecting their trademarks. You can't ride the goodwill of someone else, but without knowing the exact name, it would be impossible to give an opinion. If the letters preceding "ebay" are a word, "MYebay" "YourEBAY", you are asking for legal trouble. If the domain was "theBAYisBLUE" you might be alright. You can't ride the success of another company when it comes to domain names. If the average person would think "ebay" was worked into the domain on purpose, then you are probably infringing.
mjewel: That is a good summary. DomainDigger: To add on: You can register "OneBayOnline", and claim that it is One Bay Online, but if you write articles that prove it is used as "On eBay Online", you are treading murky waters, since eBay can claim you are using their trademark for generating unfair profits.
thanks guys I was considering buying this domain that delt with wholesale and ebay was in the domain sooooo before I spend my $$$ I just wanted to get a second opinion. Thanks so much
Yes I know my friend had problems whith yahoo. His website was yahoosers.com so yahoo threatened a lawsuit. You should of seen how bad he proected his ass while he changed his domain
It may be of some help to check the domain decisions on wipo.int. It takes more than just registering a domain to be in trouble. The following 3 conditions must all 3 be present: A. The domain must be Identical or Confusingly Similar to a Trademark or a Service Mark in which the Complainant has Rights. B. The registrant has no Rights or Legitimate Interests (domain is not used for an active web, domain is just parked, etc.). C. The Registration and Use are in Bad Faith (Only to resell, or to use for competing activity, etc.). What about "LayAHooker.com, HotBabeBay.com, RoveBay.com, PirateBay.com, PerfumeBay.com, etc.?" And what about "CokeBay.com"? Cok eBay or or Coke Bay? These domains are all 100% safe for as long they do not conflict with the 3 conditions as imposed by WIPO. Also, our research did not reveal any court sentence contradicting the WIPO principles. Maybe, judges use the WIPO flowcharts to motivate their decisions. Thumb rule could be: Make sure Your domain can be also read in such a way that it means something else than a trademark or servicemark, and do not park it. If the domain is not actively used (a welcome page is not enough, then that is usually not enough interest). If the domain is offered for sale, it shows bad faith. If a fundtional web is offered and the domain comes with it, bad faith is difficult to prove). On the contrary: It may be expected that businesses quit spending fortunes to win and loose domain issues, and start selling domains with their brand in it. eBay will pocket a few hundred or thousand bucks on each semi-eBay domain they will allow to be auctioned on their web. And they do will get the idea, sooner or later. Most domain people know little about the whole domain related field, professionals inclusive. Why all the fuzz about a brand in a domain? It is web content, content keyword search and SERP that is important. The value of type-ins is near to nothing. Ever typed in "hamburger.com" to find out where is the nearest hamburger seller? Probably. So where did it point to? Make my day ...
The one with Perfume Bay was recently decided, which I posted a copy of it in the thread below: http://forums.digitalpoint.com/showthread.php?t=547207