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Legal problems with paypal-urgent HELP!

Discussion in 'Legal Issues' started by cynia, Apr 26, 2008.

  1. #1
    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.
    ""
     
    cynia, Apr 26, 2008 IP
  2. tobycoke

    tobycoke Peon

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    #2
    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.
     
    tobycoke, Apr 26, 2008 IP
  3. cynia

    cynia Well-Known Member

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    #3
    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.
     
    cynia, Apr 27, 2008 IP
  4. wisdomtool

    wisdomtool Moderator Staff

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    #4
    You yourself have to weigh the consequences, how much have you paid the SEO expert?

    Anywhere close to $100 000 per domain name?

     
    wisdomtool, Apr 27, 2008 IP
  5. rudeturk

    rudeturk Well-Known Member

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    #5
    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.
     
    rudeturk, Apr 27, 2008 IP
  6. TakeFive

    TakeFive Peon

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    #6
    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.
     
    TakeFive, Apr 27, 2008 IP
  7. wisdomtool

    wisdomtool Moderator Staff

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    #7
    Definitely! But the OP would have to weigh the time, efforts and money required against the benefits that can be derived from it.

     
    wisdomtool, Apr 27, 2008 IP
  8. tinner666

    tinner666 Peon

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    #8
    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.
     
    tinner666, Apr 27, 2008 IP
  9. wisdomtool

    wisdomtool Moderator Staff

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    #9
    It is better to have a messy settlement than a great lawsuit anytime of the day.
     
    wisdomtool, Apr 27, 2008 IP
  10. cynia

    cynia Well-Known Member

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    #10
    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
     
    cynia, Apr 27, 2008 IP
  11. wisdomtool

    wisdomtool Moderator Staff

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    #11
    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.


     
    wisdomtool, Apr 27, 2008 IP
  12. Mr. B

    Mr. B Peon

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    #12
    Remember... Ignorance of the law excuses no one.
     
    Mr. B, Apr 27, 2008 IP
  13. cynia

    cynia Well-Known Member

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    #13
    Thanks:) But still the domains are gone
     
    cynia, Apr 27, 2008 IP
  14. wisdomtool

    wisdomtool Moderator Staff

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    #14
    Learn from it as a lesson, it is considered cheap to have a lesson in IP law at your domains' prices :)

     
    wisdomtool, Apr 27, 2008 IP
  15. cynia

    cynia Well-Known Member

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    #15
    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?
     
    cynia, Apr 27, 2008 IP
  16. wisdomtool

    wisdomtool Moderator Staff

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  17. NETGURU

    NETGURU Peon

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    #17
    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
     
    NETGURU, Apr 27, 2008 IP
  18. cynia

    cynia Well-Known Member

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    #18
    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, Apr 28, 2008 IP
  19. TakeFive

    TakeFive Peon

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    #19
    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.
     
    TakeFive, Apr 28, 2008 IP
  20. cynia

    cynia Well-Known Member

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    #20
    I am not font of lawyers anyway

    I dont believe they know much of web law:)
     
    cynia, Apr 28, 2008 IP