eBay's Legal dpt. has a VERY long arm

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#21
Originally posted by timechange
I just love that story:
http://news.com.com/2100-1023-216899.html?legacy=cnet

"I am happy to report that I have concluded that your current use should not cause confusion with our Ajax trademark," wrote Scott Thompson, vice president and associate general counsel for Colgate-Palmolive. "Consequently, I have informed Network Solutions that a resolution has been reached and it will not be necessary to suspend the use of your domain name under current circumstances."
 
#22
yeah but trust me, noone at Slashdot would sign a petition for me - after all I registered the domain with profit in mind.
 
#23
Originally posted by timechange
I just love that story:
http://news.com.com/2100-1023-216899.html?legacy=cnet
THE VERY SAME WORD/TERMINOLOGY THAT EBAY USED IN THEIR EMAIL TO BIDDINGBAY..

wow


"In addition, the mark is famous and entitled to the full protection of the law. Your use of the Ajax.org domain name will undoubtedly dilute the significance of Colgate-Palmolive Company's trademarks and will result in consumer confusion with respect to any products and/or services which you may provide," Parker continued.
 
#27
Originally posted by timechange
Yeah I know. I don't really care, I almost forgot I had that domain registered :D
you ... only reg'd it 11 days ago..

i know your too sharp.. to have 4gotten that! LOL :laugh:
 
#28
No, seriously I forgot I did. But the email reminded me :)

Compared to the big news of today, this one is a fly in my soup.
 
#29
"bidbay.com" was a very clear case of trademark infringement in my opinion. The guy was using a name which sounded very similar to ebay, his site design was similar, and his logo design was pretty much identical, I really have no sympathy for him.
 
#32
I think it's ridiculous that ebay is after names that contain the word "bay". As I explained in my 1st email to them, there are 8,000+ domains that end in "BAY.COM" !!!

They apparently look for a combo of "bid" and "bay".
 
#34
Well in my case it was only the name. Anyway, here's what they responded with:

Dear Timechange.com:

Thank you for writing back to us and agreeing not to use or sell the
BIDDINGBAY.COM domain name. We appreciate that you may have registered the
domain name with the best of intentions and without full knowledge of the
law in this area.

At this point, the best thing for you to do is to not make any future use of
the BIDDINGBAY.COM domain name, do not sell or offer to sell the domain
name, simply not renew the domain name, and allow the domain registration to
lapse.

Thank you again for your cooperation.

Sincerely,

Edith
eBay Legal Department
 
#35
I think ebay were a little creative with the way they interpreted trademark law here.

"ebay" is coined but "bay" certainly isn't. Historically, bays are ares where trade took place - so it is not somehting that is unconnected with auctions or other places of trade. Indeed, when taken apart - ebay suggests an electronic bay, or a virtual bay where trade may take place.

bidbay.com was designed to look and feel like ebay - a different thing to just using a domain with bay in it. Their citing this is misleading as they are not referring to the full facts.

The USPTO in refusing to grant a trademark with the coined "ebay" in it is different to their assessing "bay" to be proprietary.

I don't think it would have been as clean cut as ebay made out, but sadly they have the clout to bully. And everyone they roll over makes them more confident and arrogant for the next person they approach.
 
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#37
Again, in my opinion they check for 'bid' AND 'bay'. Otherwise, they have a long list of domains to wade through (8,000+ .COM's ending in 'bay').
 

Nic

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#40
thata what i was talking about timechange, *anything*bay.com does give ebay the right to claim it.

btw [kalo-pasxa megale, xristos anesti]
 
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