ebay sent me a C&D

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Jacksplat

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like the title says, ebay sent me a long winded C&D from their legal department. I've never had one from ebay and was wondering about the sig at the bottom.
Edith
eBay Legal Department
I replied and told them to phone me and also identify themselves properly with valid contact.

My question is based on that sig.. if anyones had a valid ebay c&d have they also gotten a first name pos such as that one ? Should I take this email seriously ?

Jack
 

AlienGG

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analyze the header and do a ip2location on the ip where the email came from.
tell them to send you a formal C&D by snail mail.
if you get it resolved, i'd love to look at the body of the letter, which I believe can be a lot of fun :).

Best of luck.
 

Jacksplat

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Heres the email for anyone curious:
We are writing concerning your registration of ************.com 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 ************.com. 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 more than six proceedings before the United Nation's 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 recently denied registration of the mark "ebaysecurities" by a third party. 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 ************.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act (https://www.patents.com/acpa.htm) 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.

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

Header:
Return-path: <webmaster@markmonitor.com>
Envelope-to: jack@*****.com
Delivery-date: Mon, 14 May 2007 10:02:49 -0500
Received: from [204.228.234.12] (port=47116 helo=mail1.markmonitor.com)
by server145.***.net with esmtps (TLSv1:AES256-SHA:256)
(Exim 4.63)
(envelope-from <webmaster@markmonitor.com>)
id 1Hnc4W-0007yD-Kc
for jack@*****.com; Mon, 14 May 2007 10:02:48 -0500
Received: from localhost (localhost [127.0.0.1])
by mail1.markmonitor.com (Postfix) with ESMTP id 61711169CE7;
Mon, 14 May 2007 09:02:44 -0600 (MDT)
Received: from mail1.markmonitor.com ([127.0.0.1])
by localhost (mail1.markmonitor.com [127.0.0.1]) (amavisd-new, port 10024)
with LMTP id 01214-02-2; Mon, 14 May 2007 09:02:44 -0600 (MDT)
Received: from wb15.alldomains.com (wb15.mm-corp.net [10.10.11.148])
(using TLSv1 with cipher DHE-RSA-AES256-SHA (256/256 bits))
(No client certificate requested)
by mail1.markmonitor.com (Postfix) with ESMTP id 1AADE169CA2;
Mon, 14 May 2007 09:02:44 -0600 (MDT)
Received: from wb15.mm-corp.net (localhost [127.0.0.1])
by wb15.alldomains.com (8.12.11.20060308/8.12.8) with ESMTP id l4EF1S8P015915;
Mon, 14 May 2007 08:01:38 -0700
Received: (from webmaster@localhost)
by wb15.mm-corp.net (8.12.11.20060308/8.12.11/Submit) id l4EF1Rs0015904;
Mon, 14 May 2007 08:01:27 -0700
Message-Id: <200705141501.l4EF1Rs0015904@wb15.mm-corp.net>
Content-Disposition: inline
Content-Transfer-Encoding: quoted-printable
Content-Type: text/plain
MIME-Version: 1.0
X-Mailer: MIME::Lite 3.01 (F2.71; A1.66; B3.05; Q3.03)
Date: Mon, 14 May 2007 15:01:27 UT
X-Prf-Id: 9585
X-Mailer: eEnforcer v3.5
X-Act-Id: 118003
X-Replyto: enforcement@ebay.com
Subject: Domain Name Registration - ************.com
X-Priority: 3 (Normal)
X-Tmp-Id: 6
To: jack@*****.com
From: enforcement@ebay.com
X-Virus-Scanned: amavisd-new at markmonitor.com

who the heck is mark ?

(added) mark looks to be in reference to 'trademark'.
 

AlienGG

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Looks legit. (I was about to say... SHA has been decrypted by a Chinese girl... lol).
You might wanna mask the domain @ the 6th paragraph.
Markmonitor is a trademark monitor firm that handles trademarks like Google, Yahoo, etc.
Mark = trademark.
 

CashCowDomains

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if you have an ebay trademark a domain name you own, its time to let it go quickly -- comply and move on.

don't piss them off, whatever you do.

ccd
 

AlienGG

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Ask them to refund you $10 reg fee. That's all.
 

Gerry

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Ebay has sent me several over the years, all legitimate. They think they own the alphabet and any letter combination of E-B-A-Y.

I owned MaineBays.com which was to be a photo journal of a planned kayak trip on the Maine coast going into Nova Scotia.

Their legal department told me I had infringed on their copyright and trademark and blah, blah, blah.

I sent them back a nice letter stating that I have identified and located the heirs of the discoverer and namer of Cheasepeake Bay, the heirs of the naturalist and botanist who discovered and named the native wild flower Rose Bay, and the surviving members of Otis Redding for that memorable hit, "Sitting on the Dock of the Bay." I figured all of them were due some royalties from their use of the letters eBay. The legal team emailed me back and said that it was okay for me to keep them but I was not allowed to sell them, develop them, or compete with ebay. I just laughed.

All in all I have gotten three C&D's from eBay, all because of that sequencing of letters. Not a single one of them had anything whatsoever to do with the enterprise eBay but they are so anal.
 

Jacksplat

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I'll wait for their next move or communication and post it here. I wont be dropping the name. If they want it they can go through the routine. I'm not selling it either.

Jack
 

Gerry

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Now, if you did in fact have an eBay related domain, then that is a different matter all together.

eBay obviously has signed up to be alerted by registries whenever those 4 letters are registered. But they really need to look at the domain rather than just shoot off these letters.
 

CashCowDomains

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Wrong approach to take with a company that can create problems for you Kevin... update the info on the name to reflect theirs, unlock the name, send them the auth code and say thank you for your email. Arrogance is misplaced in this scenario, and has its consequences. Then this will be history and you can stop worrying about it, grab some better names, frag some more peepz in quake and move on :)

Good luck with whatever you decide to do.

CCD

PS, I think markmonitor is a domain registrar used by corporations to keep tabs of their marks in domains and manage their portfolios etc.
 

Gerry

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PS, I think markmonitor is a domain registrar used by corporations to keep tabs of their marks in domains and manage their portfolios etc.
That could be right and the service i was referencing earlier.
 

AlienGG

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It was a shame that Markmonitor actually dropped Google.de.
 

Jacksplat

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As far as I know, all I can lose is the domain. With that understanding why would I just drop it ?

If they can do more to me then understanding the implications would be a good thing. I'm not using this name to hurt them or take advantage of their tm. So I'm not being malicious in that matter and fail to see how I can take on more of a hit outside of the domain being taken from me. The domain has ebay in it with another word. It isnt a typo and the two words together arent owned by ebay. If they offered me a fair sum I wouldnt accept it as my intention is not to resell. For anyone who knows me I'm not a seller.
 

Duckinla

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Guys, if you are going to play in the trespassing game, have the decency to stop when the other party is kind enough to warn you rather than just shoot you.
 

CashCowDomains

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Or have your name / business plastered as a typo squatter in wipo or arbforum, which will hinder future issues/complaints against you. The domain has ebay in it with another word you say. So no intention to resell, why'd you register it in the first place? Just let it go to them. And put this behind you quickly. :)

Just food for thought.

CCD

lol well said duck!!!
 
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