question for patent, trademark or domain lawyers -- is this for real??

[diamondsndust]

I got this in an email today...

We are writing concerning your registration and use of the domain name disgustedwithebay.com, which contains the famous eBay trademark.

As you undoubtedly know, eBay is the leading provider of online person-to-person trading services and related goods and services. eBay adopted the name and trademark eBay in September 1995 and, since that time, eBay has actively used the eBay name and trademark in connection with its online trading and related services, including maintaining the web site www.eBay.com. The coined term eBay is one of the most famous trademarks on the Internet. eBay owns exclusive trademark rights to the eBay name in the United States and internationally, including related common law rights. Accordingly, eBay enjoys broad trademark rights in its name.

eBay has made a substantial investment in developing and providing its services. As a result of eBay’s pioneering efforts and devoting substantial effort and resources to providing only high quality services, the eBay name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

Accordingly, we were concerned when we learned of your registration and use of disgustedwithebay.com. As we hope you can appreciate, protection of its trademarks is very important to eBay. Your registration and use of disgustedwithebay.com violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous eBay trademark.

Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark.

We have filed several successful federal court actions in the United States against companies and individuals employing the famous eBay trademark in their domain names, as well as more than six proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. eBay has prevailed in each case and the domain names at issue were all ordered to be transferred to eBay.

In addition to the above, the United States Patent and Trademark Office ("USPTO") has recently denied registration of the mark "ebaysecurities" by a third party. Like your domain name, "ebaysecurities" incorporated the entire eBay trademark, adding only a generic term to eBay's famous mark. The USPTO recognized that eBay is a famous trademark and therefore denied registration of ebaysecurities. eBay is concerned that your unauthorized use of the eBay name may cause confusion as to whether you or your company’s activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.

We understand that you may have registered disgustedwithebay.com without full knowledge of the law in this area. However, eBay is concerned about your use of the eBay trademark in your domain name. As you may know, the Anticybersquatting Consumer Protection Act (http://www.submerged-ideas.com/litigation/anticybersquat.htm) provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another’s trademark.

While eBay respects your right of expression and your desire to conduct business on the Internet, eBay must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you immediately stop using disgustedwithebay.com and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire.

Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.

Sincerely,

Edith
eBay Legal Department
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Any help is greatly appreciated, and I thank you in advance.

[crispini]

1. Well, I'm not a lawyer, but it sounds pretty real to me.

I mean, the obvious question is, do you own that domain name, and have you contacted them to confirm it's from them, and if the answer to both is YES, I'd assume they mean bidness.

[BlackVelvet04]

2. I'm not a lawyer, but it seems

to me that you are using the ebay name which is trademarked.

"In addition to the above, the United States Patent and Trademark Office ("USPTO") has recently denied registration of the mark "ebaysecurities" by a third party. Like your domain name, "ebaysecurities" incorporated the entire eBay trademark, adding only a generic term to eBay's famous mark."

The fact you put disgustedwith in front of it does not negate the fact you are using the ebay trademark. In other words, if you don't change it you will be sued.

[Solo_in_MD]

3. If its an ebay sucks site its permissable

but it may cost you some money to defend regardless. If its something you registered to flip, you may well be screwed.

[diamondsndust]

6. it was originally an ebay sucks site...

then I changed it to actually help people learn the ins and outs of selling ebay, with links to wholesalers and dropshippers... then a few months ago, I shut down the hosting on the site and put the domain up for sale on SEDO...

I have no intentions of renewing the registration, which runs out in novenber, I think... but this just irks me a little bit.

Thank you

[G2099]

4. There are some good patent, trademark attorneys in NYC . . .

You may need one . . . they "may" have a case or cause of action. A p/t attorney can tell you for sure.

[Drum]

5. I'm not a lawyer,

just someone who noticed your post right away. My take on it as a layperson is that they (eBay & their army of lawyers) take this as a real infringement, using the company's copyrighted matter (trademark) for not their but your use. The fact that you're disgusted with eBay cannot help your case, meaning that no sane business would approve of their own logo/whatever being used negatively against themselves.

My impression of the letter (admittedly, at a glance) is that it's a polite first step, an opportunity for you to withdraw or conform to some design that doesn't interfere with their proprietary rights. Assume that if this is blown off they will follow up, the next letter being sterner and more to the point ("Last chance to quit it or we will sue" sort of thing.)

Just my guess...good luck.

[rucky]

7. You'll know they're serious when you receive a hard copy

of a cease and desist order.

until then, it's just intimidation.


for the record, I'm not a lawyer, but FWIW, a friend had this job for Time Warner legal dept, going after anything Looney Tunes related.

[americanstranger]

8. Play word games with 'em.

Tell them it's not

disgusted with ebay.com

Tell them it's

disgusted wi the bay.com

And that they're reading it wrong. :)

It'll help if you live near an actual bay.

- as

[diamondsndust]

9. ya know... that is exactly what my first thought was...

ask them how "disgusted with the bay" was trademark infringement, but I don't have the money to fight with them... I've got the wit and the gumption, just not the cash..

[newscott]

10. Don't reply to them. Get an attorney now!

[gristy]

11. They're blowing smoke

Infringement occurs when a third party’s use of a company’s trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party’s services. Trademark dilution occurs when a third party’s use of a variation of a company’s trademark is likely to lessen the distinctiveness of the company’s famous trademark

Your site's name is NOT confusingly similar, nor does it use the company's trademark (you can look up registered trademarks at www.uspto.gov), nor would it lessen the distinctiveness of ebay's so-called "famous trademark".

As far as their claim that they "have filed several successful federal court actions in the United States against companies and individuals employing the famous eBay trademark in their domain names, as well as more than six proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. eBay has prevailed in each case and the domain names at issue were all ordered to be transferred to eBay.", you should ask them for the texts of the suits and the settlements of every "coourt action" they have undertaken, not just the successful ones. Note that if your read the above paragraph carefully, they say that they have "prevailed in each" "successful federal court action". Well, duh.

They've got nothing, IMO

[Milspec]

12. Not a lawyer, but I do know trademark law

Your screwed. eBay has whats called "strong" trademark protection simply because the term "eBay" has no meaning of and in itself other than the registered trademark of the corporation DBA eBay.

As to "Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you." Do it, the remedies they speak of will be to say the least, harsh.
Edit after reviewing other comments:
Yes, you may hire a lawyer and try to defend your position but before trying to beat the odds, consider the outcome of the odds beating you