IS IT ILLIGAL? REGISTERING PAYPAL BRAND NAME domain?

Discussion in 'Legal Issues' started by anjan2010, Sep 4, 2010.

  1. #1
    Hi guys....

    I registered a domain about paypal masspay,I registered it a year ago

    Recently i got an email from ****@ebayenforcement.com.

    I received this message from them:


    It has recently come to our attention that you have registered the domain name masspaypaypal.com , which contains the famous PayPal name and trademark, but are not currently operating a web site under that domain name. We are concerned that you may intend to use this domain name to violate PayPal’s trademark rights, and warn you not to do so.

    As you must know, PayPal, an eBay company, is the world’s leading provider of online payment services. PayPal has used the name and trademark "PayPal" since 1999 and it is now one of the most famous brands in the world. PayPal enjoys broad trademark rights, which are protected in many countries around the world.

    Use of your domain name may infringe and/or dilute the famous PayPal trademark. Infringement occurs when a third party’s use of a company’s trademark (or a similar variation) 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.

    U.S. federal and state laws, including the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes or dilutes another's trademark. Infringers who have been notified that their use is infringing, but do not cease, may also be considered “willful” and could be subject to additional money damages and liability for attorney’s fees. Having received this email, you are on such notice.

    While PayPal respects your right of expression and your desire to conduct business on the World Wide Web, PayPal must enforce its own rights in order to protect its valuable and famous name. We appreciate that you may have registered masspaypaypal.com without full knowledge of the law in this area. However, any use of the domain name (or attempt to transfer the domain name to a third party) in the online commerce field would likely infringe the PAYPAL trademark and would cause PayPal to pursue all available remedies against you. Under the circumstances, we must insist that you immediately stop using the domain name, not sell, transfer, or offer to sell the domain name to any other person, and simply let the domain name registration expire. In the meantime, the domain name should remain inactive and should not point to any content.

    Just to be clear, PayPal does not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and PayPal on the other hand are related and/or affiliated.

    Please reply to this email and confirm that you will comply as requested. If we do not hear from you, we will have to take whatever action necessary to protect PayPal's rights.

    Thank you for your anticipated cooperation.

    ===============

    What does it mean, can i go and start updating articles on that site?

    let me know please.

    thanx
     
    anjan2010, Sep 4, 2010 IP
  2. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #2
    I'd let it expire and do nothing with it.

    I can't fathom why would would now take a dormant domain and put content on it practically begging to get sued.
     
    browntwn, Sep 4, 2010 IP
  3. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #3
    If you really must know, it means you won't necessarily be allowed to use a domain name
    that bears someone's trademark. Look up trademarks and domains in your spare time.

    Meanwhile, I'd do what browntwn said. Up to you.
     
    Dave Zan, Sep 5, 2010 IP
  4. dscurlock

    dscurlock Prominent Member

    Messages:
    4,564
    Likes Received:
    260
    Best Answers:
    0
    Trophy Points:
    300
    #4
    "What does it mean, can i go and start updating articles on that site?"

    Sure, apparently you can not understand what they have sent you....
     
    dscurlock, Sep 6, 2010 IP
  5. stephenc

    stephenc Peon

    Messages:
    314
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #5
    There is no reason for that domain other than doing something in regard to paypal. It's not the paypal in it, it's a combination of
    things that they don't want you to do. Other sites readily use paypal: paypalsucks.org, paypalpetition.com,
    aboutpaypal.org, etc. But those sites are not doing any business, rather hate sites that are "educational."
    Nothing about masspaypal.com exudes anything except infringing on the premise of their business. Paypal probably has
    ways of determining what domains are being registered. I think the ultimate paypal hate site now is paypalwarning.com.
    People are free to pick their battles. But from the standpoint of someone coming to a forum to ask legal advice, well, I'd
    say you are ripe to fail and just let it go. Any legal reason to keep and use masspaypal.com seems nonexistent.

    But yeah, suit yourself. "go and start updating articles on that site"

    Stephen C
     
    stephenc, Sep 6, 2010 IP
  6. belgin fish

    belgin fish Well-Known Member

    Messages:
    1,544
    Likes Received:
    72
    Best Answers:
    0
    Trophy Points:
    185
    Digital Goods:
    2
    #6
    I think just an article site should be fine, just dont sell anything on it and don't use any paypal logos
     
    belgin fish, Sep 6, 2010 IP
  7. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #7
    Unfortunately that's hardly possible. Even if the OP didn't intend to make any money off
    it, the domain bears one of the most recognizable trademarks on the planet that's highly
    and fiercely protected.

    It depends on who you deal with. Don't mess with someone who's in an arguably stronger
    position and given an enforceable claim against you.
     
    Dave Zan, Sep 6, 2010 IP
  8. VipVince

    VipVince Peon

    Messages:
    26
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #8
    I'd let it expire and do nothing with it.

    I can't fathom why would would now take a dormant domain and put content on it practically begging to get sued.
     
    VipVince, Sep 6, 2010 IP