closed EbayMadeEasy.com

[schnitzeldorf]

EbayMadeEasy.com

Any estimates on value?

 

[daddypi]

EbayMadeEasy.com

Any estimates on value?

I'm sure it violates a trademark, so registration fee, IMO.

 

[GT Web]

How about: LawsuitsMadeEasy.com or maybe UDRPMadeEasy.com :-D

 

[schnitzeldorf]

Ok, so you're telling me it's at least worth $2000 ?... is that what that means. Heck it costs over $1,500 to even start a case for trademark on a domain name. So I don't think I'd have to worry about going to court for trademark violation. I would more than likely settle on an amount that would be a win win for both of us. Either that or they could spend thousands suing me... correct?

I'm not worried about a lawsuit and it's quite obvious there are trademark issues, but ebay let's them sell on ebay. Either that or they just get away with stuff like that.

Take a look at what's recently sold on ebay in terms of ebay names:

EBAYCODE.COM
EBAYDESIGNERS.COM
EBAYDISCOUNTS.COM
EBAYDOTCOMS.COM
EBAYHTML.COM
EBAYSTOREBUILDER.COM
EBAYSTOREBUILDERS.COM
EBAYWEBPAGES.COM
DISCOUNTEBAY.COM

Throught the years I've seen many ebay names auctioned.

http://www.ebaymadeeasy.net

I'm sure that guy would be up a creek and not selling a book about it and hosting his own site. The trademark police don't seem to worried about him.

Actually, if someone developed EbayMadeEasy.com it may be something even Ebay would support because it does nothing but help them if used correctly. So I disagree with both of your opinions due to the fact, trademark violation lawsuits take time and money, both of which can be avoided in any case.

However I respecet both of your opinions. Thanks for the responses, any more?

 

[Theo]

Ebay sends out C&D emails to all new registrations that contain the terms Ebay (or Paypal). From that point, it's downhill from there.

 

[schnitzeldorf]

Hmm, I've never had a C&D Letter or email.

C&D or not, they can't force you off the net with your name without first suing you, and my point is, that costs money. Now it seems EbayMadeEasy.net even has affiliate links to ebay. Downhill or not, it would still cost them quite a bit to sue over and I'm sure they have larger fishes to fry. Just my opinion.

 

[Theo]

I'm speaking from experience.

 

[schnitzeldorf]

I'm interested, please explain, it would not only help me but everyone who reads it. I'm under the impression and read somewhere that it costs money for them to sue. I also read that it takes a court order (which costs money) just to get the whois information if it's protected. I'm thinking I could sell the name for a grand or so at least. Why sue me?

Please, elaborate because if you've been there and done that then I'm interested because I've not encountered that yet. I haven't listed it on ebay either and probably wouldn't. Thanks for your time, much appreciated.

 

[Theo]

There's not much to tell - do a search in the Legal Issues forum.
Ebay actively monitors domain registrations to find the "ebay" and "paypal" substrings. You will receive a Cease and Desist email (or letter) and if you think they would not follow up with it if you fail to comply, get ready for some rude awakening.

 

[schnitzeldorf]

ok, I understand that. I've seen that site above open for a year anyway with a link to ebay on it. How come they are still up? What makes mine any different? A rude awakening doesn't explain the process good enough. Can then just take the name? Do I go to Jail? This is what I found on Sedo.com:

Trademark holders should be aware that possessing a trademark for a given term does not automatically mean that you have a legitimate legal claim to a domain name. Possession of a valid trademark is only one of three requirements that you need to meet to win ownership of a domain name via ICANN's Uniform Dispute Resolution Policy (UDRP), the policy governing ownership disputes for the generic TLDs (.com, .net, .org, .biz, and .info). Please take the time to inform yourself about the UDRP and other legalities governing domain names using the resources provided below.

Before you make a complaint, make sure that you have consulted a qualified trademark attorney with experience in domain names. Legal disputes should generally be considered a last option: the cost for a UDRP case is $1,500 plus legal expenses, and there is no guarantee that you will win. If you do sue and lose, your chances of then being able to purchase the domain from the current owner are greatly reduced.

That's what I've read and some other things but I've never encountered any thing. Interested in more opinions on this also.

 

[diverge]

I will voice an opposing opinion, but just briefly (since this is an appraisal thread, and not a legal thread):

I think you've got a good domain here. I would even venture to say it's worth between $100 and $500 in the wholesale market. Even more to a motivated end-user -- perhaps as high as $1000, but that's as much as I can give you.

As for the UDRP issues, let me say that I, too, have received an eBay C&D email (not a letter, though -- must not have been that good of a domain). But the context of the email is that you cannot launch a site using the term "bay" to reference auctioning (i.e., qbay.com, as an arbitrary example), because this is a term that eBay "coined" and was not commonly used for auctioning.

However, while still protected under trademark law, the term eBay is rapidly becoming a house-hold term, subject to common law usage restrictions. They even shoot themselves in the foot with their new TV ad slogan "Do you eBay?", which "verbs" their trademark. Once commonly used (such as the way people use "google" to reference online searching), sites like eBayMadeEasy.com, or something like LearnToEbay.com will have a great case in defense against any trademark lawsuit.

So, anyway, that's my $0.02. Good luck with your domain.

 

[Dr. Domaining]

Great points. I agree with you.

I will voice an opposing opinion, but just briefly (since this is an appraisal thread, and not a legal thread):

I think you've got a good domain here. I would even venture to say it's worth between $100 and $500 in the wholesale market. Even more to a motivated end-user -- perhaps as high as $1000, but that's as much as I can give you.

As for the UDRP issues, let me say that I, too, have received an eBay C&D email (not a letter, though -- must not have been that good of a domain). But the context of the email is that you cannot launch a site using the term "bay" to reference auctioning (i.e., qbay.com, as an arbitrary example), because this is a term that eBay "coined" and was not commonly used for auctioning.

However, while still protected under trademark law, the term eBay is rapidly becoming a house-hold term, subject to common law usage restrictions. They even shoot themselves in the foot with their new TV ad slogan "Do you eBay?", which "verbs" their trademark. Once commonly used (such as the way people use "google" to reference online searching), sites like eBayMadeEasy.com, or something like LearnToEbay.com will have a great case in defense against any trademark lawsuit.

So, anyway, that's my $0.02. Good luck with your domain.

 

[Theo]

The term "Ebay" is definitely not going the way that "xerox" did. Anyone that thinks otherwise must be reading some cheap novellas. Ebay has in the past defended its tm's very aggressively and will continue to do so in the future. They are the world's largest online "store". There is no way that Ebay will knowingly allow third parties to profit from the use of its tm's. The only use that would potentially be allowed is to exercise freedom of speech, e.g. in a website that posts consumer complaints, or one that pokes fun at certain practices of Ebay e.g. a la "The Onion".

 

[daddypi]

The term "Ebay" is definitely not going the way that "xerox" did. Anyone that thinks otherwise must be reading some cheap novellas. Ebay has in the past defended its tm's very aggressively and will continue to do so in the future. They are the world's largest online "store". There is no way that Ebay will knowingly allow third parties to profit from the use of its tm's. The only use that would potentially be allowed is to exercise freedom of speech, e.g. in a website that posts consumer complaints, or one that pokes fun at certain practices of Ebay e.g. a la "The Onion".

I tend to side with RADiSTAR on this matter.

 

[schmidte]

Do you plan on developing the name? If you somehow profit from the website, such as selling a book called Ebay Made Easy, then they'll probably be all over you. If your content is just informational in nature, they might leave you alone.....maybe. Of all the domains that I've owned, I had one that was a trademark violation, but it was such a good name I couldn't help myself. But within a month I got a register letter from a law firm in St. Louis.......needless to say I gave it back. You might not think they are paying attention, but believe me they are. Just hand it over if they persue it.

If some else has ebay in their name, they quite possibly went through the proper channels to receive permission to use the name. I know Google has a form on their website where you can apply for permission to use the Google brand. Ebay might be similiar, I don't know though. Nice name...Good Luck....but be ready to give it back.
ED

 

[labrocca]

I think as long as you promote and do not compete against ebay you will be fine.

I do not agree with Radistar.

$50-$200 for the name is my appraisal

 

[Theo]

If you disagree with what I said, why don't you make it easy? Call Ebay's legal department, explain your case and tell them you will be profiting from their trademark. Make sure to have a checkbook handy, IP lawyers charge $300 /hour.

 

[schnitzeldorf]

lol Radistar, I think you're blowing this a little out of proportion. Is that what you did?

You know, you said you had an experience with it but all you could explain or tell about it is a "rude awakening". Then to read other posts in other forums. Are you speaking from experience of from posts you've read. I don't think I'd be calling Ebay's legal department, but if from experience, that's what you suggest then thanks anyway, I'll form my own opinions.

Obviously you missed my point. I'm not going to call Ebay's legal department and I'm not getting my checkbook out for IP lawyers, and you can't say that IP lawyers charge $300 because that's not the case either. If this is advice from experience, I'm in the wrong business.

I simply have the name and was asking for a dollar value. I'm well aware of trademark issues but I don't care. Saying you know from experience without being willing to share that experience and then following up with the advice above, ruins any credibility in your post. If you have experience with this, then please explain, I've asked, and now I'm asking again. If you just got a C&D letter and then quit and your experience with "rude awakening" (whatever that means)... Please, tell us of this experience. I'm interested in the true meaning of a "rude awakening"

Otherwise, leave this post alone. It may be better that way.

I like the opinions but don't say you have experience with something and you're not willing to share it so we can all learn something.

Thanks Fellas!

Maybe you could copy and paste this entire thread and forward it to Ebay's legal department. It wouldn't bother me a bit and they probably wouldnt' care either unless I was using it maliciously or arbitrarily.

 

[Theo]

My comment was made "tongue-in-cheek" as some seem to be in denial of what a famous mark is all about. My posts were not made to scare you off or to make you feel threatened or anything of that sort. I have no time to play legalese ping-pong, but if you want to get professional advice, contact an IP lawyer, as I said. Otherwise, you're just gambling.

 

[schnitzeldorf]

Ebay sends out C&D emails to all new registrations that contain the terms Ebay (or Paypal). From that point, it's downhill from there.

I'm speaking from experience.

Please allow me to clear something up. I wasn't asking for legal advice. Your posts are above and now you're telling me that's "tongue-in-cheek"?

I'm not calling ebay and telling them I'm going to profit from their trademarked name, I'd be a complete moron to do that. I simply have the name and was asking for numbers, not legal advice.

However, after your comment about your experience with this that you claimed, I wanted to know what you meant. I had no idea my time was being wasted. I was expecting to learn something. I didn't ask for it at all.

So your post wasn't based on experience at all? I'm not here trying to discredit anyone. However if you claim to have experience in an area and base your statements on that experience, then it shouldn't be a "fashioned" experience based on what you've seen and heard in other forums.

Your opinion matters to me and so does your experience, if you have it. Thanks!

I have an idea of what the name is valued at and appraisals are more, just opinons and it's much appreciated. I don't need anymore appraisals on this name. Thanks all for you time.