AdultBay.com

**DrDomain** · 02-06-2003, 07:51 PM

would this name or a name like it - xBay.com, SexBay.com etc get legally challenged by eBay if it was an adult auction site?

And do you think they would win the challenge, for those of you with experience. Thanks for your help.

**Banned: Tippy** · 02-07-2003, 06:54 AM

I've delt with eBay in the past concerning 2 of my Domains, BodyBay.com and www.BoatBay.com , BoatBay was their main concern, I was the one who pointed out to them that I owned BodyBay as well, duh...don't ask me why I did that.

I replied to all their C&D eMails explaining to them that they didn't own the term " Bay " and that possibly they where in violation against " The Bay ( large department store ) " trademark which has been around for 100+ years.....the emails stopped

If you must own a " Bay " Domain don't limit the site to an Auction only, my BoatBay, as I also pointed out to eBay isn't simply a Boating Auction site but more a planned General Boating site with a Directory, Forum, Chat Room, Boating Safty tips, picture Gallery etc...

They, along with those " Body Break " commercials might have influenced me to reg a " Bay " Domain but there was also a bit more behind it, "Bay" to me means " Bay of water " so BoatBay, seeing how boats can be found on the Bay made sence. A boatbay is also a term used to refer to a boathouse, garage. Same with BodyBay, our bodies need water to survive. I also thought they had a nice ring to them "BB" and easy to remember.

Thanks,

Mike

**HOWARD** · 02-07-2003, 09:08 AM

good advice from Tippy

**DrDomain** · 02-07-2003, 09:09 AM

Thanks for the info Tippy...actually I found an answer to my own question in some articles:

http://news.com.com/2110-1017-841768.html?tag=bplst
http://www.newsfactor.com/perl/story/12732.html
http://domains.dantobias.com/conflicts/icann.html
http://news.com.com/2100-1017-956968.html?tag=mainstry

**Worthen** · 02-09-2003, 03:41 PM

Ebay recently persuaded Eggbay.com to change its name to Eggbid.com

It's a small auction for poultry and eggs for hobby growers mostly.

**Banned: timechange.com** · 02-09-2003, 10:41 PM

Dang! I could have used a tip from Tippy...I let go of BiddingBay.com after getting the C&D letter from eBay.

**Ari Goldberger** · 02-09-2003, 11:02 PM

eBay is extremely aggressive. Good to hear they backed down in Tippy's case. My guess is they might be a bit more aggressive -- and potentially have a stronger argument -- with Adult Bay, as they could allege "tarnishment" of their mark under the Federal Trademark Dilution Act. I think you have to be very careful using "bay" in any domain used for an auction site.

**jberryhill** · 02-10-2003, 12:07 AM

"I think you have to be very careful using "bay" in any domain used for an auction site."

Aye. It's like using "Mc-" as a prefix for a fast-food restaurant. Unless you are auctioning off vacation rentals in Montego Bay, then it's just a dumb idea.