Please Appraise Ebay Website

ebaylistingerrors.com

intended as a search engine to find spelling mistakes on eBay. Finding spelling mistakes on eBay can save the buyer a lot of money. The search engine is meant to find these mistakes and link to them with an eBay affiliate ID.

How much do you think this Domain is worth? Should I develop the site myself or sell the domain?

 

I could be wrong but isnt Ebay a Trademark? you may have some troubles with trademark infringement there.
If that is the case, the domain is worthless. I suggest you look up the trademark issues of Ebay.

 

No value - actually negative value. When will people learn not to register domains with trademarks.

 

its not a good domain 0$

 

I think appraising it at reg fee would be me being generous... Sorry.

 

I could be wrong and I know I need to read up on this more but I am pretty sure that *IF* you put the appropriate credit line at the bottom on your page they would have a harder time pining you for some sort of infringement.

Example of an appropriate credit line:
The Apple® iMac® computer comes with iWeb™ software. — credit line: Apple and iMac are trademarks of Apple Inc., registered in the U.S. and other countries. iWeb is a trademark of Apple Inc.

it will require you to do some homework on what is trademarked and what is registered trademarked and of course who the appropriate parent company is.
Of course the company can/may still sue you with allegations of TM infringement in hopes that you will give up. They can afford the legal lawyers and can draw it out costing you a small fortune. But I am pretty sure that will only happen if you are actually taking away a large enough amount of profit from them to make it worth their time.
Follow the money... Normally (not always) if you are selling one of their products, the company makes money off of your sales anyways, so its just another venue for more exposure for them.
In this case, use of the term Ebay, and then having your own auction site with that name will surely get you in trouble.
I personally dont think this domain name is worth any money.

 

You are wrong, period.

 

The credit line written above was taken directly from the Apple Legal trademark link and is what they require for you to use their Trademarks properly in your site.

Each site has their own terms of use for their TMs and your have to conform to their use. In other words you have to do your homework. How else can a no-named brand of aspirin compare itself to Tylenol right there on the bottle?
Tylenol has a terms of service for use of their TM. The no-named brand abides by that terms and thus can use the Tylenol TM.
In a recent case just brought to my attention.
Federal Court Rules Against Toyota In Domain Case: Buy-A-Lexus.com; BuyorLeaseLexus.com
Toyota lost the case in a FEDERAL court for the use of the TM Lexus.
Court stated:
“We vacate and remand for proceedings consistent with this opinion. At the very least, the injunction must be modified to allow some use of the Lexus mark in domain names by the Tabaris. Trademarks are part of our common language, and we all have some right to use them to communicate in truthful, non-misleading ways.”

These are profound and beautiful words. It supports the proposition that if you have a legitimate business reason for using the words in your domain, the courts WILL uphold their use.

Toyota can’t appeal this decision, they can apply for a Writ of Certiorari to the U.S. Supreme Court, but there is no appeal process available.

So read from this what you will, I just suggest that you do a little homework for anyone who really wants to find out if their site would be TM infringement or not.
My 2 cents... and now I am off my soapbox

Cheers

 

I have been reading up on the whole TM issue since yesterday. Just for the heck of it. I have been dealing with domains long enough to make a living off the subject so its in my best interest to become informed.
A few things have stuck out at me.
1) there are several sites that many here would claim as TM infringement that have been around for years.
For instance:
iphonegold.org
iphoneaccessories.com
I have no affiliation with these sites what so ever and I just pulled them out of the blue for no real rhyme or reason.
2) Both sites sell iphone accessories. Both sites have been around for at least 3 years (iphoneaccessories.com has been around since 2006). Both sites have been sold several times (or at least they have had several owners). Neither site have been charged with TM infringement. Both sites have some sort of disclaimer or credit line at the bottom of their site (if you bother to scroll down that far.
For instance:
iPhoneGold.org is not affiliated with Apple Inc. or Cisco Systems | Privacy Policy | Contact
StatCounter - Free Web Tracker and Counter
Copyright © 2008 iPhoneAccessories.com . All Rights Reserved.
iPhone and iPhone 3G are among the trademarks or registered trademarks owned by or exclusively licensed to Apple Inc

I have also read the verdict handed down by the federal court mentioned in the post above. It states in there very clearly that TMs can be used but only to a certain point. I like what the above poster suggested, do your homework and know what you are talking about before you make posts that may not be 100% correct because its easier to just claim TM infringement then to really do the needed work to give an honest answer. I know I have been guilty of that many times.

 

Someone else doing something doesn't make it legal and certainly isn't a legal defense.

You aren't "charged" with trademark infringement - it's a civil court issue.

Apple does NOT allow their trademarks to be used in a domain name if you just put a disclaimer - learn to read.

Fighting a trademark case in court requires hundreds of thousand of dollars in legal fees - even more if you go through an appeal. If you win, you keep the domain and are out attorney fees. If you lose, you can be ordered to pay treble their legal fees (for a registered mark) and damages.