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Ebay User ID and a Registered Trade Name

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P

PBP

Junior Member
What is the name of your state?AZ

I sell paper piecings on ebay and was just contacted by another ebay member saying that the User ID I am using is the same as a trade name they have registered. They have sent me a cease and desist email and I responded by asking for information like what state she does business in, is the trade name federally registered and the contact info for the lawyer she keeps threatening me that she is consulting. I get no response except a copy of the cease and disist email.

Can a user ID be considered an infringement of a tradename...it is a user id, not a business name. And if so, wouldn't the 'burden of proof' lie on her to show at least that it is registered to her? I have found no proof through my searches that she has the name registered and that she sells a similar item.

Thanks in advance for your help.
 


H

HomeGuru

Senior Member
PBP said:
What is the name of your state?AZ

I sell paper piecings on ebay and was just contacted by another ebay member saying that the User ID I am using is the same as a trade name they have registered. They have sent me a cease and desist email and I responded by asking for information like what state she does business in, is the trade name federally registered and the contact info for the lawyer she keeps threatening me that she is consulting. I get no response except a copy of the cease and disist email.

Can a user ID be considered an infringement of a tradename...it is a user id, not a business name. And if so, wouldn't the 'burden of proof' lie on her to show at least that it is registered to her? I have found no proof through my searches that she has the name registered and that she sells a similar item.

Thanks in advance for your help.
Click to expand...
**A: ask them to send you the copy of the registered name from the PTO papers they got.
 
R

racer72

Senior Member
Cease and desist emails don't mean squat. It should be delivered by mail, preferrably CRRR. I would do as HomeGuru suggested and tell them you will only respond to items sent by the US Mail. Then block the sender's email address.
 
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