closed BayPay.com

[dex101]

It could be a domain for a new payment service or something. Please appraise!

 

[dnTrader]

to the right buyer posibble xx,xxx
under normal curcumstances tho low x,xxx which still is'nt that bad

 

[Dale Hubbard]

A fortune if the obvious candidate ever wants it.

 

[SouthernTn]

nice brandable domain name. I'll say you're in the 3 - 5 figure area because of what it would be used for. The figures all depends on who wants it

 

[dex101]

Thanks guys! I guess I should turn down the $100 offer I got from some guy wanting the domain to "help environemental non-profit organizations in the bay area" and hold on to the domain for a while then

 

[alldig]

low-mid $xxx

 

[Sarcle]

Am I the only one that sees a potential trademark violation?

eBAYPAYpal?

 

[Keynes]

Am I the only one that sees a potential trademark violation?

eBAYPAYpal?

BayPay in itself isn't a TM violation -- with a certain use it could be but the term itself is generic enough to stand on its own

 

[alldig]

Am I the only one that sees a potential trademark violation?

eBAYPAYpal?

It's not...

 

[Sarcle]

Alright. just checking.

 

[Rubber DuckRubber Duck is verified member.]

BayPay in itself isn't a TM violation -- with a certain use it could be but the term itself is generic enough to stand on its own

That is correct, as long as you don't use it for e-tailing or an online payment service you should be in the clear. Of course, it may not have as much appeal as as an Adult or Poker site name.

Any end user would be wary of litigation, so I reckon it worth no more than $1,000.

Best Regards
Dave Wrixon

 

[dex101]

That is correct, as long as you don't use it for e-tailing or an online payment service you should be in the clear.

So you mean you can't name any new online payment service with "pay" in it just because of PayPal?

 

[Rubber DuckRubber Duck is verified member.]

So you mean you can't name any new online payment service with "pay" in it just because of PayPal?

It all down to whether a court decides you are infringing trademark. I would suggest that the splitting and recombination of two trademarks so closely associated with Ebay would be regarded as a deliberate infringement. Of course you always have the option of arguing the toss with Ebays lawyers in court. The problem is that whilst you are being bled dry, they are merely getting fat on the fees!

Best Regards
Dave Wrixon

 

[Keynes]

So you mean you can't name any new online payment service with "pay" in it just because of PayPal?

Certainly not, and I don't think anyone implied that. The issue is the similarity with eBay and Paypal -- there is no TM infringement here, but most people would probably associate the name with those sites as it were.

 

[Rubber DuckRubber Duck is verified member.]

Certainly not, and I don't think anyone implied that. The issue is the similarity with eBay and Paypal -- there is no TM infringement here, but most people would probably associate the name with those sites as it were.

Domain registration per say is not a TM infringement, but it depends on how you use the domain. I would strongly suggest that in applications for which this domain has obvious uses it would be considered an infringement. When you register a TM there are about 40 different categories, unless someone takes out an International Registration in all categories, which of course is not cheap and would take some verifying, the name can have legitimate usage. The problem is are any of these legitimate uses going to generate much income?

Best Regards
Dave Wrixon

 

[dex101]

It all down to whether a court decides you are infringing trademark. I would suggest that the splitting and recombination of two trademarks so closely associated with Ebay would be regarded as a deliberate infringement. Of course you always have the option of arguing the toss with Ebays lawyers in court. The problem is that whilst you are being bled dry, they are merely getting fat on the fees!

Best Regards
Dave Wrixon

I see your point, they may sue just because they can.

BTW, this domain was registered before eBay acquired PayPal.

 

[Rubber DuckRubber Duck is verified member.]

I see your point, they may sue just because they can.

BTW, this domain was registered before eBay acquired PayPal.

Yes, and although you may have owned this domain before the merger, you may have problems demonstrating usage in various territories before the merger. In the States a Trademark can be registered by different companies doing the same activity in different states. Could you provide audited accounts showing income from your activities in various states and countries that relate to the domain in question prior to the merger?

Best Regards
Dave Wrixon