eBay Trademark Domain Name Case

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I got an email from eBay legal tem regarding a domain name that I have bought a week ago.

Begin forwarded message:

Date: Apr 11, 2012 07:10
From: ip@ebayenforcement.com
To: privacy@dynadot.com
Subject: Domain Name Registration - XXXebay.net [Case #114XXX]

We are writing concerning your registration of XXXebay.net 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 XXXebay.net. 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 numerous proceedings before the 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 recognized the fame of the EBAY trademark and has, in the past, rejected a number of trademarks that have improperly incorporated the EBAY mark into them (such as "ebaysecurities"). 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 XXXebay.net 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. In the meantime, the domain name should remain inactive and should not point to any content.

Just to be clear, eBay 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 eBay on the other hand are related and/or affiliated.

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

How come some other websites with similar domain names are able to use their domain name?

Such as thepiratebay?
Which is combined of words that have no real similarities with eBay.

MY domain is not xxxebay.net, I have censored it with XXX. But the first word does end with e and the second word is bay.

outbreak Reviewed by outbreak on 15th Apr 2012. eBay Trademark Domain Name Case I got an email from eBay legal tem regarding a domain name that I have bought a week ago. How come some other websites with similar domain names are able to use their domain name? Such as thepiratebay? Which is combined of words that have no real similarities with eBay. MY domain is not xxxebay.net, I have censored it with XXX. But the first word does end with e and the second word is bay. Rating: 5

[okone]

It depends on whether a customer would look at the domain and think it was ebay. The Pirate Bay doesn't qualify because I don't think anyone would draw that connection.

If the bit you have censored is a separate word, and the ebay part could be read on its own, then you have your answer.

[Sp32]

Tell them your site is an acronym and that you don't intend to create a website remotely similar to eBay

[CloudShadow]

Tell them that your domain is xxxe-bay not xxx-ebay. Let them know that you are not trying to violate ebay's trademark and your site's content is completely different to theirs.

[DeathNote]

Ebay is backed up by paypal and they have money to bring you to court.

Sp32 good idea. But in honest fact if I were you I would contact them. with the following.

I am sorry an i was unaware of this law. If you are asking me to hold onto this domain and wait till it expire then I would be losing my money. If you would pay for the cost I would be happy for you to take it off my hands. I am sorry for any inconvenience this may have caused you.

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True. My site really does not have any similarities with eBay and it will not offer any services similar with eBay.

I have sent their legal team an email. Waiting for their response now.

Thank you for your advice.

[sceneguy]

just ask them to buy the domain from you at an agreeable cost.

[UKInternetGroup]

Il buy the domain off you... Id love to have a fight with ebay/paypal (paypal more so!)

[Shahrukh]

EBAY is a trademark word with rights you can't use that for your domain thats all

[roadrunner]

We just start passing the name around between us and have eBay chasing their tails for months