Purchasing Domain, has "eBay" in it, is it worth it?

[ZeRohiLL]

I won't say the domain, so don't ask.

The domain I have is freebay.com

eBay thinks they own the alphabet so do expect a C&D.

This message brought to you by someone who fought ebay twice and won.

Using the word BAY at the end seems to have been the sticking point in that eBay has made this case before - Bay as a sales place exists because of eBay.

The difference is perhaps there is a "disconnect" between my words and they do stand on their own and are recognized as such.

You need to understand why Doc won.

So I regged DivorceBay(.)com.

I see and understand where your going - but the problem with ideas like this - THEY ARE NOT ORIGINAL.

As Doc said:

[Using] Bay as a sales place exists because of eBay.

Precisely! You didn't think to use "bay" as a auction portal 10 years ago, so don't try it now!

Just stop using BAY as a word in a domain that you plan to develop into any kind of online store.

BAY should not be tied to any store - maybe a body of water - but not an online store.

-Zh

[Gerry]

In both cases, I think it comes down to use...and I think if you go outside of auction services...you may avoid the problems....but It really is shocking to see DocCom's examples...Ebay seems to be way off base in his case...and that is why he won.

Not to mention that the OP stated:

I won't say the domain, so don't ask.

I am purchasing a domain that could very well be the next biggest auction or classifieds website. I am paying a hefty fee for this domain.

Can you say...

Confusingly similar?

This will not pass the looks like, feels like, tastes like, smells like test.

[ZeRohiLL]

Not to mention that the OP stated:
Can you say...

Confusingly similar?

This will not pass the looks like, feels like, tastes like, smells like test.

Exactly.

Don't forget SOUNDS LIKE.

[Gerry]

Exactly.

Don't forget SOUNDS LIKE.

EEK!

Wow, I did leave that out.

My apologies.

Still working on the wake up thing.

Have not perfected that yet.

[Dale Hubbard]

Auctions and the string "ebay" in the domain are really a no-brainer. Don't do it.

[Domn]

I just don't know why the "bay" is synonymous to auctions
OK ebay made the start and it's popular but that doesn't redefine the word in dictionary

Plenty of words to glue together with your auction niche

I understand that someone maybe pissed from the "monopoly" and the legal aspects of the ebay TM but spending minutes of your life to take something that you're not 100% sure it will justify your lost time and money is a great risk

[Gerry]

I just don't know why the "bay" is synonymus to auctions

eBay is the keyphrase.

A name with Bay or eBay auction site?

That is asking for trouble.

eBay has a alert system notifying them of their name being registered, even if it is part of two words.

It is only a matter of time (and work load) until their legal team gets around to sending out the C&D.

What if someone were to have the name RoseBay (native wildflower) or ChesapeakeBay?

It will still draw scrutiny and peering eyes.

If someone is prepared (financially) to fight the fight, then by all means have at it.

Chances are eBay will file the court action in California and most cases (if not all) against eBay have resulted with eBay winning.

California seems to be very partial at protecting the integrity and institution eBay.

[Dale Hubbard]

eBay is the keyphrase.

A name with Bay or eBay auction site?

That is asking for trouble.

eBay has a alert system notifying them of their name being registered, even if it is part of two words.

It is only a matter of time (and work load) until their legal team gets around to sending out the C&D.

What if someone were to have the name RoseBay (native wildflower) or ChesapeakeBay?

It will still draw scrutiny and peering eyes.

If someone is prepared (financially) to fight the fight, then by all means have at it.

Chances are eBay will file the court action in California and most cases (if not all) against eBay have resulted with eBay winning.

California seems to be very partial at protecting the integrity and institution eBay.

Amen.

[Domn]

eBay is the keyphrase

I understand what you say, i just say that having a name with "bay" or "ABCebay" doesn't make the name stand out, brandable or worth more than eshore, emarket or many others.

This the same with all "tube" names

As i said in my previous posts i feel that having a name that includes the "ebay" i support and promote the original ebay.

Laws are made to protect the consumer and the customers of the TM so that will not confuse the A brand with the AA brand.

Even if someone win a case like the one we're talking right now , the member of the "ABCebay" will have always the awareness of the actual ebay and this not good for the small auction site.

[Dale Hubbard]

The answer is simple in condensed form ad nauseam: If you want to run an auction site, then don't think you can use the string (partial phrase) "ebay" in the domain name.

[David.]

I understand the posts made after my last post but I still have a couple questions:

1. I bought DivorceBay after it dropped, however someone held on to it for 5 years. So in that time, did one person own it or several? I understand if you buy a name in an auction the name continues to add years of ownership to the new owner. So with DivorceBay, did one person own it and then get a C&D letter and then end up selling it and someone else picked it up and this process went on for 5 years? Or did one person own it and in some mysterious way never received a C&D letter in over 5 years?
2. What should I do with the domain? Should I just park it and put divorce ads on it or try to develop it or flip it?

[Gerry]

I understand what you say, i just say that having a name with "bay" or "ABCebay" doesn't make the name stand out, brandable or worth more than eshore, emarket or many others.

You are correct with this statement.

But there are many who have this notion that if it is good for one then it is good for all.

Currently there are more than 34,000 variations of words that have the letters eBay.

http://domain-search.domaintools.com...A&pool=C&bc=25

Some of those combos have more than one extension regged.

Having the same name or parts of a name and regging that part is no guarantee of success.

But when you get involved with these notoriously protective brands like Google, eBay, Yahoo, IBM, Microsoft - sometime all someone ends up getting are nasty letters.

Even if the site were to be a success, all those customers and traffic and sales can suddenly disappear when the registrar shuts the site down due to complaints or cooperation with the legal departments.

I understand the posts made after my last post but I still have a couple questions:

1. I bought DivorceBay after it dropped, however someone held on to it for 5 years. So in that time, did one person own it or several? I understand if you buy a name in an auction the name continues to add years of ownership to the new owner. So with DivorceBay, did one person own it and then get a C&D letter and then end up selling it and someone else picked it up and this process went on for 5 years? Or did one person own it and in some mysterious way never received a C&D letter in over 5 years?
2. What should I do with the domain? Should I just park it and put divorce ads on it or try to develop it or flip it?

The best thing would be to review all these posts and apply all the answers to your situation, domain, best usage, and cautionary statements.

Seriously, and no offense, there is no point in breaking down each domain in a case by case matter when the answers will not change.

Primarily consider one issue no matter what you do -

do so at your own risk.

The answer is simple in condensed form ad nauseam:

Not only is it simple, it is the same.

[Raider]

My situation was different with the words MaineBays and OfTheBay.

Their contention was that these names were infringement.

These were planned kayaking and wildlife sites on a trip my wife and I was going to take along the coast of Maine on up to Nova Scotia.

To make a long story short, I went head to head with eBay's legal department.

And won.

Won what? Them no longer pursuing your domains?

Not that this was a court case but could have easily turned into one.

With domain names like those, I very much doubt that.

[Ed Zaquiri]

You know, I don't understand why you are so upset with ebay or even care how they run their business. I mean, regardless of what you call your site, if it is truly as good as you say, people will use it.

[bizopsg]

Basically they are worried about brand dilution which is a real issue to them i think. I think you should try to think of a new brand of your own.

[Dale Hubbard]

It's not 'brand dilution'. It's flagrant abuse of their TM.