Hello all I'm not sure if this is the correct forum but..
I run both e3ay.com and e3ay.co.uk this query relates to the UK and US I recieved a letter by post 2 days ago from eBay here's what it said.
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Dear Mr Brown
e3ay.com and e3ay.co.uk
We write to you on behalf of eBay international AG and eBay inc (together "eBay"), and are authorised to act on their behalf.
As you are aware, eBay is the world's largest online trading community and the "eBay" mark is one of the most distinctive brands on the internet. The "eBay" mark is extremely well known, both national and internationally and we have a protectable goodwill in the "eBay" mark since 1995 in the US and 1999 in the UK and we now have excess of 157 million members world-wide in 33 different markets. eBay.co.uk is the UK's Largest online market place and is now the UK's Number one e-commerce site(Nielsen Net Ratings, December 2004).
It has recently come to our attention that you have registered the domain names www.e3ay.co.uk and www.e3ay.com (together "the websites") and that services offered by the websites connected to these domain names are those of an online marketplace where the users of the websites can buy and sell various items in various categories. The appearance of the websites, the sale formats that are offered (an 'Auction style format' and a 'buy it now' format called 'buy out'), the ability to leave feedback, the nature of the feedback, i.e. how each user is represented and the general appearance of the website, is confusingly similar/identical to the "ebay" mark and the services offered in conjunction with it. Further, the appearance of the mark "e3ay", is identical/similar to the appearance of the "eBay" mark. It is also noted that you are using the slogan 'Buy IT! Sell IT! e3ay IT!' Which, in conjunction with the mark "e3ay" , is confusingly identical/similar to the 'buy it. sell it. love it' slogan currently employed by eBay. This conduct causes substantial damage to our goodwill and reputation.
We believe that your conduct constitutes the passing off of eBay's mark. This is because, amongst other reasons. eBay has established substantial goodwill and reputation in the eBay trade mark in connection with the provision of an online market place. Further, your conduct, is intentionally or unintentionally, misleading, or having the likely effect of misleading, the public to believe that the services offered by e3ay are, or are connected with, the services of eBay due to the confusingly similar appearance of the website and the name "e3ay". As a result of this , eBay has suffered damage, by reason of the erroneous belief engendered in users that the source of e3ay's services is the same as the source of those offered by eBay.
eBay must enforce its own rights in order to protect its valuable reputation. We therefore insist that you immediately:
1. cancel the www.e3ay.uk and www.e3ay.com domain names;
2. do not register the www.e3ay.co.uk or www.e3ay.com domain name (or register any domain name which is deceptively or confusingly similar to the eBay mark);
3. stop using the word 'e3ay'(or any deceptively or confusingly similar words) on the webpages of the websites;
4. do not embark on any other projects which use confusingly similar processes, techniques and styles as the eBay online marketplace or use the name eBay in any way.
Please send your confirmation that you will comply with our request within 2 weeks of the date of this letter (i.e. by 22 November). We reserve our rights to take further action against you if necessary. Please address all correspondence to XXXXX of this office.
Yours sincerely,
eBay (UK)Ltd.
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Now I am unsure as to where I stand it is my belief that if ebay considered my domains to be part of the ebay mark they would have taken steps to secure them Its not like ebay does not have the recources to do so. any advise would be very much appreciated as I have no idea what to do of where I stand in the eyes of the law.
thanks in advance.
I run both e3ay.com and e3ay.co.uk this query relates to the UK and US I recieved a letter by post 2 days ago from eBay here's what it said.
======================
Dear Mr Brown
e3ay.com and e3ay.co.uk
We write to you on behalf of eBay international AG and eBay inc (together "eBay"), and are authorised to act on their behalf.
As you are aware, eBay is the world's largest online trading community and the "eBay" mark is one of the most distinctive brands on the internet. The "eBay" mark is extremely well known, both national and internationally and we have a protectable goodwill in the "eBay" mark since 1995 in the US and 1999 in the UK and we now have excess of 157 million members world-wide in 33 different markets. eBay.co.uk is the UK's Largest online market place and is now the UK's Number one e-commerce site(Nielsen Net Ratings, December 2004).
It has recently come to our attention that you have registered the domain names www.e3ay.co.uk and www.e3ay.com (together "the websites") and that services offered by the websites connected to these domain names are those of an online marketplace where the users of the websites can buy and sell various items in various categories. The appearance of the websites, the sale formats that are offered (an 'Auction style format' and a 'buy it now' format called 'buy out'), the ability to leave feedback, the nature of the feedback, i.e. how each user is represented and the general appearance of the website, is confusingly similar/identical to the "ebay" mark and the services offered in conjunction with it. Further, the appearance of the mark "e3ay", is identical/similar to the appearance of the "eBay" mark. It is also noted that you are using the slogan 'Buy IT! Sell IT! e3ay IT!' Which, in conjunction with the mark "e3ay" , is confusingly identical/similar to the 'buy it. sell it. love it' slogan currently employed by eBay. This conduct causes substantial damage to our goodwill and reputation.
We believe that your conduct constitutes the passing off of eBay's mark. This is because, amongst other reasons. eBay has established substantial goodwill and reputation in the eBay trade mark in connection with the provision of an online market place. Further, your conduct, is intentionally or unintentionally, misleading, or having the likely effect of misleading, the public to believe that the services offered by e3ay are, or are connected with, the services of eBay due to the confusingly similar appearance of the website and the name "e3ay". As a result of this , eBay has suffered damage, by reason of the erroneous belief engendered in users that the source of e3ay's services is the same as the source of those offered by eBay.
eBay must enforce its own rights in order to protect its valuable reputation. We therefore insist that you immediately:
1. cancel the www.e3ay.uk and www.e3ay.com domain names;
2. do not register the www.e3ay.co.uk or www.e3ay.com domain name (or register any domain name which is deceptively or confusingly similar to the eBay mark);
3. stop using the word 'e3ay'(or any deceptively or confusingly similar words) on the webpages of the websites;
4. do not embark on any other projects which use confusingly similar processes, techniques and styles as the eBay online marketplace or use the name eBay in any way.
Please send your confirmation that you will comply with our request within 2 weeks of the date of this letter (i.e. by 22 November). We reserve our rights to take further action against you if necessary. Please address all correspondence to XXXXX of this office.
Yours sincerely,
eBay (UK)Ltd.
========================================
Now I am unsure as to where I stand it is my belief that if ebay considered my domains to be part of the ebay mark they would have taken steps to secure them Its not like ebay does not have the recources to do so. any advise would be very much appreciated as I have no idea what to do of where I stand in the eyes of the law.
thanks in advance.