Ebay is threatening legal action against me - Advice needed.

[Edwin]

posted by Edwin:


I don't disagree with that actually -- in fact, the "potential for confusion" clause is the only plausible grounds on which eBay could argue. But this is a court/arbitration matter, not an arguing on the Internet matter, and my actual point -- which I have stated again and again here -- is that the existence of the word or string "ebay" in a domain name does not make for an open-and-shut case of trademark infringement, even if the site is going to somehow or another have something to do with eBay.

It context to eBay's online trading services it does Frank.
If you could show me proof that ebay has lost similar WIPO cases: eBay + "keywords related to eBay's services".ext you've convinced me.

What you're saying goes against all common knowledge on domain disputes.

 

[fm1234]

Honestly, I don't know if any exist, wouldn't be suprised if none do, but you have to bear in mind that people caving on the first friendly e-mail also gets lumped into the "victory" column. I'm a little over-invested in this conversation at this point, but the original point I keep having to reiterate still stands. You say eBay is an exception, and then more specify ebay+"ebay related keywords" which of course are going to be the most difficult to defend; however, actually digging through any extent cases is not something I am going to do for the sake of keeping a thread going, you know?

Just to reiterate, one last time:


1)Trademark in domain != trademark violation

2) Specific OP case of ebaysellingtips.org could probably be argued, but would require enormous expense and effort and focus, and is also probably not worth bothering to try. However, the deciding factor is demonstration of intent on everything except for the "confusion" point, and the OP should not simply shit his pants and forward domain admin control to eBay just because he got an e-mail from them.

3) Purposeful trademark infringement is retarded, especially when hitting the trademarks of companies whose lawyers' kids wear retainers that cost more than your car.

4) That said, those same companies shouldn't be allowed to just roll over domainers, and the only way to prevent that kind of thing is by people not just shitting their pants and giving up at the first sign of trouble. Read the PerfumeBay case judgment or testimony and you'll see that eBay genuinely believes that no other site on the Internet that involves commerce on any level should be allowed to have the word "bay" in it, not only wrt the domain but not even in a trademarked company name (remember, Perfume Bay didn't start out as a domain case -- it started out as eBay filing to block their trademarking the Perfume Bay brand name, no .com and two separate and distinct words, one of which is "Bay.") This is fucking retarded and the more people who bend over for them, the worse this problem is going to get.


Frank