I received ebay's email yesterday. It said my domain paypalcar.info break the law. What can I do now? Just give the domain to ebay? any suggestion is welcome.
ebay' email:
We are writing concerning your registration of the domain name paypalcar.info which
contains the PayPal trademark.
As you know, PayPal is the leading provider of online payment services. PayPal
adopted the name and trademark "PayPal" in October 1999 and since that time, PayPal
has actively used the PayPal name and trademark in connection with its online
payment and related services, including maintaining the web site www.PayPal.com.
PayPal has devoted substantial resources to promote its services under the PayPal
mark and logo, and those trademarks embody the substantial goodwill that PayPal has
earned as a result of providing high quality services. In addition to its own
promotional efforts, PayPal has been the subject of numerous unsolicited articles in
the media, including national and international print, radio and television media
highlighting PayPal's pioneering and successful efforts in online payments. As a
result of PayPal's promotional efforts and the high quality services that PayPal
provides, the PayPal trademark is famous, well known, and viewed favorably by the
general public. PayPal is a wholy-owned subsidiary of eBay Inc. Accordingly, eBay
owns exclusive trademark rights to the PayPal name and trademark in the United
States and internationally, including related common law rights.
We are concerned that your registration of paypalcar.info will cause confusion as to
whether you or your company's activities are authorized, endorsed or sponsored by
PayPal or eBay. As we hope you can understand, protection of its trademarks is very
important to eBay.
We understand that you may have registered paypalcar.info without full knowledge of
the law in this area. Your registration of the above domain name violates the Lanham
Act (15 U.S.C. 1051 et seq.), because it infringes and dilutes the PayPal trademark.
Infringement occurs when a third party's use of another'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 another's trademark is
likely to lessen the distinctiveness of that famous trademark. Additionally, the
Anticybersquatting Consumer Protection Act (http://www.patents.com/acpa.htm)
provides for serious penalties (up to $100,000 per domain name) against persons who
use, sell, or offer for sale a domain name that infringes or dilutes 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
trademarks. For these reasons, and to avoid consumer confusion, eBay must insist
that you not make any future use of the domain name. You should not sell, offer to
sell, or transfer the domain name to a third party and should let the domain
registration expire. You should also not register any other domain names that
infringe the famous PayPal or eBay trademarks.
Please respond to this email and confirm 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
ebay' email:
We are writing concerning your registration of the domain name paypalcar.info which
contains the PayPal trademark.
As you know, PayPal is the leading provider of online payment services. PayPal
adopted the name and trademark "PayPal" in October 1999 and since that time, PayPal
has actively used the PayPal name and trademark in connection with its online
payment and related services, including maintaining the web site www.PayPal.com.
PayPal has devoted substantial resources to promote its services under the PayPal
mark and logo, and those trademarks embody the substantial goodwill that PayPal has
earned as a result of providing high quality services. In addition to its own
promotional efforts, PayPal has been the subject of numerous unsolicited articles in
the media, including national and international print, radio and television media
highlighting PayPal's pioneering and successful efforts in online payments. As a
result of PayPal's promotional efforts and the high quality services that PayPal
provides, the PayPal trademark is famous, well known, and viewed favorably by the
general public. PayPal is a wholy-owned subsidiary of eBay Inc. Accordingly, eBay
owns exclusive trademark rights to the PayPal name and trademark in the United
States and internationally, including related common law rights.
We are concerned that your registration of paypalcar.info will cause confusion as to
whether you or your company's activities are authorized, endorsed or sponsored by
PayPal or eBay. As we hope you can understand, protection of its trademarks is very
important to eBay.
We understand that you may have registered paypalcar.info without full knowledge of
the law in this area. Your registration of the above domain name violates the Lanham
Act (15 U.S.C. 1051 et seq.), because it infringes and dilutes the PayPal trademark.
Infringement occurs when a third party's use of another'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 another's trademark is
likely to lessen the distinctiveness of that famous trademark. Additionally, the
Anticybersquatting Consumer Protection Act (http://www.patents.com/acpa.htm)
provides for serious penalties (up to $100,000 per domain name) against persons who
use, sell, or offer for sale a domain name that infringes or dilutes 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
trademarks. For these reasons, and to avoid consumer confusion, eBay must insist
that you not make any future use of the domain name. You should not sell, offer to
sell, or transfer the domain name to a third party and should let the domain
registration expire. You should also not register any other domain names that
infringe the famous PayPal or eBay trademarks.
Please respond to this email and confirm 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
