We are writing concerning your registration of ebaymaster101.com 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 its 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 of the ebaymaster101.com. As we hope you can understand, protection of its trademarks is very important to eBay. 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 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 denied registration of ebaysecurities. eBay is concerned that any use of the domain name in question, will 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 ebaymaster101.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act 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 not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply 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, EditheBay Legal Department
tell them at least pay me some $ for the time and registeration money,they will pay you a few,but dont fight with em..my friend had the same problem via google and they paid $200 after he transfered them the domain..
LOL.....That would be a pretty stupid thing to do IMO. They can just sue you for TM infringements & you would have to pay them & court costs.
I have seen this case before and believe me, eBay does get very protective when someone else uses their name on domains. I suggest you do what -master-of-?- said and leave the legal matters alone. You don't want to go one-on-one with such a big company.
And do let us know what happens when you listen to a forum member's advice or so on a legal issue, which no one else will take the fall for if it turns out to be dangerously wrong.
I too have received an email from eBay about a domain I registered which contained the word eBay. A small mount of research about this issue says to me that there is no point in fighting eBay. It would be expensive, time consuming and unproductive. I recommend you think of another name for your domain which dooesn't include ebay, and put it down to experience.
I don't think they will sue, it will be troublesome for both parties, they just want to protect their legal rights and trademarks. Just ask them in a nice manner, I am sure that they are reasonable, this being a reasonable request. Of course you do not go to them and demand a excessive amount, just ask them to cover your expenses, I think they will more than cover it.
http://www.google.com/search?hl=en&q=ebay+site:wipo.int this suggests youre wrong, oh so badly. just give them the name or delete it, id get rid of it as fast as possible, ebay are one of most protective companies on the internet.
I am not wrong, I certainly suggest that he give up the name, just that he can ask for some compensation for the domain name. No one is asking him to fight Ebay in court.
wow!!! Talk about protective... Kind of silly to me on ebays part... Oh well, chalk it up to experience (as will I) and on you go! Good luck in asking for compensation, I hope it goes well!
Is there another word you/we can use to imply eBay? For example non-official Disney sites use "mouse" ie mouseplanet.com
which has been shown to be an act of bad faith, his only leg to possibly stand on if he were to try and defend it: confusingly similar (check) rights or legitimate interest (none - they have tm) bad faith (asking for money ==bad faith)
After he had given back the domain, asking for payment is not bad faith, it would be bad faith if he had asked for payment before he gave back the domain.
ask for payment after you give something? the logic behind that eludes me. they got what they want, why give you a cent? you infringed, just because you gave it back too, im not sure that really even protects you under ACPA.
Sure why not, you promise to give them the domain and just ask for the charges you incurred. If you do not understand the logic too bad. A lot of times it is not just about the law. If they really want to apply the law, they would have sued your pants off. It is also about corporate strategy and also Gaming Theory, they can press you to their maximum advantage, but normally such giants won't. Offering your domain to them and after that tell them about your expenses, they are more likely to give in due to goodwill. I have seen another case just the same way. The owner of the trademark even gave the domain owner some money to pay for changing his name cards and miscellaneous items. A lot of times it is not just law but business.