Ebay does not like my domain and is threatening legal action

I recently purchased a domain, ebaysellingtips.org and planned to make a site that featured tips on how to make money on ebay.



Today I got an email from their legal department:

We are writing concerning your registration of ebaysellingtips.org 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 ebaysellingtips.org. 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 ebaysellingtips.org 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,

Edith
eBay Legal Department

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If I recall correctly, paypalsucks.com won against paypal because their site was protected free-speech. Would a site like mine be protected as well? Also, what if the site was critical of ebay? Would that help my case? I originally planned to write a bit about how I disliked their fee increases along with the other content.

Thank you in advance for your help.

 

It may help a little but the domain name itself does not sound very "critical" to me...

 

hmmm...

So the domain itself has to be critical, it is not adequate to have it pointed to critical content?

 

I am just saying that this could be used as an argument in eventual legal process. After all, it's all about the details to convince somebody that right is on your side.

 

Being realistic, I don't want to go to court over this. I just can't tell if they are blowing smoke up my ass or not. After all, can you really take a legal notice seriously if it is sent by email?

 

Ouch dude, good luck with that!

 

It so happens that various legal notices nowadays are conveniently sent via
email. If anything, cease and desist letters are not required to be sent in the
first place, much more being sent via snail mail (literally) or by doing a native
American smoke signal.

And yup, it's real. Just search around hard enough and you'll find lots of cases
of eBay sending notices like the one you got.

Seriously, that letter you got is tame compared to others. And just ignore any
one here who even remotely suggests fighting them when they have nothing
to lose at all. (and probably have nothing better to do than post nonsense...)

 

I do not see anyone here suggesting fighting "them".
(up to this post)

 

If I were you I would either contact your legal team and see what they think or email them back saying you are having a free speech open discussion about the company ebay, it is not against the law to have free speech, also I would say the website would clearly state we are not apart nor associated with the trademark Ebay etc. Make a disclaimer saying that etc and you should in theory be fine, as long as its 'Open discussion' and 'Free Speech' which doesn't always slag them off it should be fine?

But don't take my word for it this is just my opinion, try contacting a legal team first if you are serious about this website.

Regards

 

Ummm, I would slowly turn around, and run like hell away from that domain. Or if you're Bill Gates, take their arses to court.

 

ebay doesn't blow smoke - they are as vicious as Disney when it comes to these TM infringement cases. I'd drop that domain, like yesterday.

 

Seriously dude, get out of this asap. You don't wanna have sleepless nights.

 

I've removed all content and put up a disclaimer. I think I am just going to leave it this way until it expires:
www.ebaysellingtips.org

 

keep your self safe man tell them you will transfer the domain to them or make a redirect to ebay.com

 

I have a feeling they are blowing smoke. There are other non-ebay sites with ebay in the domain:

www.ebaysucks.com
www.coolebaytools.com
www.ebaysellingtips.net
www.ebayauctions.com
www.Ebaydropshipper.com
www.ebayexodus.com/
http://www.ebaydropship.com/


They probably have to just send out that generic letter to help protect their trademark. I understand and all, but I don't think my site would be confused with theirs.

 

eBay is notoriously known for sending trademark infringement e-mails to domain owners. I'd say they aren't playing. If you want the domain and plan on using it for good, I'd probably send them an e-mail and discuss it with them. Of course, I'm not a lawyer and am unfamiliar with the consequences (pro or con) of taking this route.

 

I got one to today

 

Same exact letter? Or was yours different?

 

I would agree with this one, furthermore, you're actually using them as a money making site, paypalsucks seriously is more to freedom to speak? Well, you know what I mean.. Goodluck.

 

Personally I would rather spend my time doing more productive things than fighting companies with huge legal budgets but if you decide to take them on I wish you all the best and let us know how you go. It is good to see someone fight these big guys too.