Hello I need urgent help Recently i registered two domains including the words paypal and ebay i Created a site on each Now the ebay company sent me this email i leave here What can i do now? I dont want to drop my work If i enter any text that i am not associated in any way with ebay or paypal will ebay stop bothering me? HELP!! ""We are writing concerning your registration of the domain name ******ebay.com and ****paypal**.com We are concerned that your registration of dbwpaypal.com will cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by PayPal or eBay. As we hope you can understand, protection of its trademarks is very important to eBay. We understand that you may have registered the domains without full knowledge of the law in this area. Your registration of the above domain name violates the Lanham Act (15 U.S.C. 1051 et seq.), because it infringes and dilutes the PayPal trademark. Infringement occurs when a third party's use of another'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 another's trademark is likely to lessen the distinctiveness of that famous trademark. Additionally, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who use, sell, or offer for sale a domain name that infringes or dilutes 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 trademarks. For these reasons, and to avoid consumer confusion, eBay must insist that you not make any future use of the domain name. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire. You should also not register any other domain names that infringe the famous PayPal or eBay trademarks. Please respond to this email and confirm 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. ""
Unfortunately you have to stop using the domains. Your paypal site has no PR & no backlinks so it's best just to get another domain name before you invest any more effort into these domain names.
The problem is that i ordered a SEO expert and link building service for that domain Any other ideas? I added this text on one of the sites Paypal does not endorse this site, and is not associated with it in any way whatsoever.We are not affiliated or sponsored by Paypal Inc in any way.Paypal trademark is owned by its respective owner. This sites actions are not representing Paypal will in any way.
You yourself have to weigh the consequences, how much have you paid the SEO expert? Anywhere close to $100 000 per domain name?
Well im sure you can contact the SEO expert anc cencel your order. unless your ready to pay the fine. Just leave the domains to expire.
Hi Cynia, I think you should check it with a lawyer, and with an expert one, just because they big and have tons of money doesn't mean you should afraid, and do what they say. e.g. googlecash.com You really have to understand the legal issue here. (The judge will have to decide if you are really infringe and dilute the PayPal trademark as they said). Maybe they'll have to pay you a certain of compensation if they'll see you know what the law says and that you are willing to take till the end.
Definitely! But the OP would have to weigh the time, efforts and money required against the benefits that can be derived from it.
Since you seem to have deeper pockets than either of them, you can fight it. The publicity gained from such a fight will be well worth the thousands you spend on SEO, lawyers and fines to fight them, and will help to promote your new site you will be developing to take the place of the 2 you will give up. It's a no-brainer for branding. All the news reports and publicity will be free.
Since i have no will of having troubles with this company i will have to give up the domain and business I sent them an email though although i know they will tell me to drop the domain " Hello ebay I am writing about your email and demand to stop using my domain name The domain was sold to me without me being aware of any law Due to that i kindly ask you to keep my site active as long as the domain lasts I entered this text to avoid confusion about your costumers " Paypal does not endorse this site, and is not associated with it in any way whatsoever.We are not affiliated or sponsored by Paypal Inc in any way.Paypal trademark is owned by its respective owner. This sites actions are not representing Paypal will in any way." If you still want me to leave the domain inactive to expire please contact me back I will do nothing to offense or infringe your business I will do as you suggest Thanks
Try not to put this statement next time round if you encounter similar issues Unawareness of a particular law is no defense per se. Your email looks sincere and appropriate otherwise, I don't really foresee any issues.
I agree i have an idea Like google cash i can permanently redirect the domain name to another domain I will include the text that paypal or ebay doesnt endorse etc I will have the whole content site back online What do you say?
Yeah dangerous game mate. I had good rankings for watchskyonyourpc.com but obviously if they take it to court then they'll throw the book at u. I tried 301ing it to watchsatelliteonyourpc.net but they didnt like that so just let the name expire. The only time u can legally use a company's name as I'm aware, is when its in public interest ie paypalsucks.com is completely safe from the law as its a forum explaining the cons of paypal and who has been left out of pocket. Get rid of the domains mate. Not worth it and just remember it for future tom
So you suggest that i could turn the domain to a public forum will be okay? I will create a forum site that explain various facts etc what do you think?
cynia, why not check with a lawyer? check all the things you can do and not do? First, you will know for next time, Second, you can help others here in this forum and other forums, and on your site, Third, for a very small fee, you will have a small letter if needed that protect you from any lawsuit that might come, because you are acting by the law as you received it from the authorities, Fourth, As mention here before and not by me, if you are acting by the law, according to the lawyer, you will have an amazing publicity.