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Got a cease-to-exist from eBay for owning a domain with "bay" in it

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Re: Got a cease-to-exist from eBay for owning a domain with "bay" in it

#21
Thanks for all the replies, I've read them all and have decided I will let the domain expire.

I will also do my part to increase the average number of people unhappy customers share their experience with.

I look forward to the day that the semantic web will replace our statist legal system.

Re: Got a cease-to-exist from eBay for owning a domain with "bay" in it

#22
post #11

essentially, everyone here is right.. all they are doing is making an informal request. if they sue you, consider that their formal request. for the time being though, might i suggest throwing up some content.. maybe something similar to this post is a good start? edit: sorry.. i should have been clearer. do not reply.

It seems to me that putting this post up on his domain could provoke eBay into taking actual legal action.

Re: Got a cease-to-exist from eBay for owning a domain with "bay" in it

#23
Most likely, eBay will try to dispute the domain name by UDRP.

http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Res...

There are many examples of this if you search. The most recent one that interested me was the fight over wargames.com.

Re: Got a cease-to-exist from eBay for owning a domain with "bay" in it

#28
post #15
post #8

Even if your domain "theplayersbay.com" represents an online auction site, I fail to see how it can be seen as intrinsically associated with eBay. It's like Microsoft trying to prevent all software compnies from using the "soft" suffix or the "Micro" prefix. I suspect that your domain was flagged by a poorly written pattern analysis bot and nobody at eBay has bothered to do any due diligence before firing off this "c…

As it turns out, you're probably wrong; Microsoft probably could target Microfoot and Megasoft and win a case. Read the comments on this thread: http://news.ycombinator.com/item?id=1633106 I agree that in this case, "theplayersbay.com" probably doesn't have much to worry about.

A company has to defend its trademarks in order for something like that to be upheld. The problem is that there are already hundreds of software companies with "soft" suffixed names. Because Microsoft was likely not the first software company to use the "soft" suffix, nor have they taken action to shut down any of these other companies, they can't suddenly do an about-face and claim trademark dilution against one of them (maybe unless there was more to it than a -soft name, e.g. a logo closely resembling Microsoft's, or other attempts to trade on Microsoft's reputation).

Re: Got a cease-to-exist from eBay for owning a domain with "bay" in it

#30
Could it be that somebody else unrelated to ebay and who is interested in that name send you that email?

Could they have placed a backorder on that domain name and trying to force you to let it expire?

Even if it is an automated mail, I would find it very hard to believe that such a mail would not have some contact info under the "Edith eBay......"

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