HELP!!!!!!!!!!

[bravesfan3808]

I registered the domain name: diablo2ebay
www.diablo2ebay.com (http://www.diablo2ebay.com)

I also already prepaid for futurequest to host it for one year.

I just got an e-mail from ebay.com saying that I am infringing their name and that I should remove the ebay name from my domain.

What does this mean?

[Deb]

Ugh :([nbsp][nbsp]If FutureQuest receives a formal complaint from ebay it means we will have to discontinue services to the domain until the issue is resolved between both parties.[nbsp][nbsp]The same would apply with Network Solutions (and other registrars I believe).

If you would like to fight for your right to hold the domain name you should seriously consider contacting a lawyer...legal advise is not something we can offer here as it's simply not our area of expertise...

First letter -- if sent via email you may be able to take lightly... once you begin receiving the hard copies et al you'll need to consider your options and willingness to fight ...

Deb
[nbsp]- © ®[nbsp]

[bravesfan3808]

Here is the e-mail they sent me after I replies stating that I had already purchased the webhosting service prepaid for one year.

Hello Jimmy,

Thank you for your response.[nbsp][nbsp]Under the circumstances, we believe, the
best
thing for you to do is to simply allow the domain registration to lapse
and
not to sell or make use of it.[nbsp][nbsp] While we have no desire to interfere
with
your legitimate business purposes, we cannot allow the use of a domain
which
contains the registered eBay trademark, and which could lead to
confusion or
dilution of the eBay trademark.[nbsp][nbsp]We suggest that you consider the use
of an
alternative domain names which does not contain the eBay trademark.

Thank you for your anticipated cooperation.[nbsp][nbsp]

Susan K.
Senior Intellectual Property Paralegal
eBay Inc.

Do you think you could interpet that for me?

[sheila]

They are telling you not to use a domain that contains "ebay" in it. Based on the fact that they responded to your first email so quickly, I would beleive that if you do not comply, they will definitely fight you on it, in court.

so you have to ask yourself: Do I want to go to court for this, or not?

If not, you will just have to consider the money you[nbsp][nbsp]spent on that domain, a loss. You cannot use the domain and you cannot recoupe the money. Register a different domain, in that case.

[bravesfan3808]

Yes that was what I was thinking too but, this sentence confuses me.

"Under the circumstances, we believe, the
best
thing for you to do is to simply allow the domain registration to lapse
and
not to sell or make use of it."

Thse people are sort of idiots for not making anything clear when they mail you.[nbsp][nbsp]Theres always contradictions and useless business eloquence.

I told them that I spent lots of money on this already and they are either saying, keep it but don't renew or sell it, or get rid of it now or else.[nbsp][nbsp]

[gtc]

Off the top of my head, what they mean to say is--to meet their demands--you can't use it at all.[nbsp][nbsp]You cant sell it, transfer it, lend it, or make a site with it.[nbsp][nbsp]You have to just forget you ever registered it and let it expire.

Picture that red light thing they used in Men in Black.

NOTE: This is just some general information, and NOT a legal opinion.[nbsp][nbsp]I have not researched your situation AT ALL.

[Maverick]

It sounds like a nice polite threat to me, sort of like when a bookie says "Since I'm so concerned for your health, I offer my fervent wishes that you'll pay your debts with all due haste to better enable you to live a long and happy life". Not that I have any experience with bookies or any unsavory people like that :P

Feel free to get a real lawyers opinion on the matter, but given the disturbing precendents already set in this area, if you were to fight this, you'd almost certainly lose. In the ongoing battle between domain names, copyrights, intellectual property and commmon sense, common sense always takes a beating. If this had to happen, at least it happened before you had really large amounts of time and money invested in the site. It could have been a lot worse a few months down the road.

[dank]

Just for the sake of asking ... and without checking availability ... what if someone were to register www.thebay.com (http://www.thebay.com) or www.ebayou.com (http://www.ebayou.com), each of which arguably contain "the registered eBay trademark" yet quite possibly have nothing to do with the connotation?[nbsp][nbsp]Too bad you can't have spaces in domain names...

Dan

[JoeRT]

Remember it was just a couple weeks ago that ereferee.com and askthereferee.com (I think it was) was told to "cease and desist" because Referee magazine said there was possible confusion?[nbsp][nbsp]Maybe ebay will go after Paramount because the name of one of the Star Trek ships was Botany Bay.[nbsp][nbsp]:P

--------------
Joe Torsitano
www.weatherforyou.com (http://www.weatherforyou.com)

[gtc]

Of course he can fight it.[nbsp][nbsp]In fact, I'll take the case today on an hourly fee basis.[nbsp][nbsp]Just wire me the retainer and we'll go after eBay on Monday.[nbsp][nbsp]

Now, how bad do you want that domain name?

I don't mean to be flip, but a lot of this comes down to who can afford to fight it out in court.

The United States Patent and Trademark Office (USPTO) says:


To determine whether there is a conflict between two marks, the PTO determines whether there would be likelihood of confusion, that is, whether relevant consumers would be likely to associate the goods or services of one party with those of the other party as a result of the use of the marks at issue by both parties. The principal factors to be considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks need not be identical, and the goods and services do not have to be the same.

Does www.diablo2ebay.com (http://www.diablo2ebay.com) conflict?[nbsp][nbsp]Maybe.[nbsp][nbsp]Maybe not.[nbsp][nbsp]That's what courts are for.

[YFS200]

Since your stuck with it for a year. Drop in a fake 401 page and use the space for development and personal use.

YFS200