domain ebaymastermind.com

[dimensio]

x [mods please delete]

question answered, please delete thread.

 

[reprint1]

There is something that suggests evil to me in this domain name .. like you want to take over the world or perhaps just ebay.
Dont think there is any inherent value so get as much as you can from the person who want to buy. Have them make the first offer and work from there.

 

[johname]

big TM problems ebay does not like there name to be in domain names. its even worst when you start the name with ebay, they can find it easyer

 

[comicbookguy]

Ebay has sent C&D letters to anyone who reggs anything with Ebay in it and sues people who do not drop or transfers the names. Ebay is probally the #1 company that activley goes after people who reg names with Ebay in it. And so you know if yous sell it and the person you sell it to gets sued they can then turn around and sue you for damages. Just a heads up.

 

[Pommy - The DN Doc]

Ebay has sent C&D letters to anyone who reggs anything with Ebay in it and sues people who do not drop or transfers the names. Ebay is probally the #1 company that activley goes after people who reg names with Ebay in it. And so you know if yous sell it and the person you sell it to gets sued they can then turn around and sue you for damages. Just a heads up.

Is this really true? If that name is held and leads to a blank page, and no emails are being used I am not sure what the TM infringement is - as far as suing goes (i.e. what damages are they claiming?). Sure, a UDRP claim might be successful.

If the name is then sold, and the end user pretends to be ebay, then is this not their own negligence? Dont they have their own duty for "due diligence"?

If what you suggest is true, then anyone who sells a generic domain like buywindows.com that was not using it in the area of software to some moron that purports to be MS could also be sued.

I suppose that you can be sued for anything but whether it would be successful or not is a different matter.

 

[comicbookguy]

They send the C&D letters for the name , dosent matter what is on the page. If it contains Ebay in it and is obvious that its the Ebay we all know they will send the letters and threaten to sue . Im not sure if anyone has been sued as most people are smart enough to drop the names.

 

[Pommy - The DN Doc]

They send the C&D letters for the name , dosent matter what is on the page. If it contains Ebay in it and is obvious that its the Ebay we all know they will send the letters and threaten to sue . Im not sure if anyone has been sued as most people are smart enough to drop the names.

Sure you'll get a C&D letter, from ebay, but could that be used by a new owner to successfully sue a previous one? Is there a precedent for this?

 

[dimensio]

I think your wrong about it being risky for me to sell this. I can't get sued for selling it on. If I sell it, I will just put a small clause excluding myself from legal responsibility.

If I use domain privacy and as such ebay can't contact me (no contact email on site either) I don't think they can still sue me.

Been offered $125 for the domain, which I will accept.

if you check Sedo, LOTS of domains with ebay in the title are being sold :


sitebay.com Make Offer 5 43 Please click here for more information!Please click here for more information!
sellonebay.com Make Offer 4 - Please click here for more information!Please click here for more information!
gamebays.com Make Offer 3 - Please click here for more information!Please click here for more information!
figtreebay.com Make Offer 2 32 Please click here for more information!Please click here for more information!
yourebay.com Make Offer 2 - Please click here for more information!Please click here for more information!
resumebay.com Make Offer 2 - Please click here for more information!Please click here for more information!
èbay.com Make Offer 1 - Please click here for more information!Please click here for more information!
datebay.com Make Offer 1 - Please click here for more information!Please click here for more information!
salebay.net Make Offer 1 1 Please click here for more information!Please click here for more information!
mebay.com Make Offer 1 - Please click here for more information!Please click here for more information!
hebay.com Make Offer 1 2,125 Please click here for more information!Please click here for more information!
websitebay.com Make Offer 1 1 Please click here for more information!Please click here for more information!
snakebay.com 399 $US 1 23 Please click here for more information!Please click here for more information!
areebayemen.com Make Offer 1 31 Please click here for more information!Please click here for more information!
wholesalebay.com Make Offer 1 36 Please click here for more information!Please click here for more information!
shoebay.com Make Offer 1 - Please click here for more information!Please click here for more information!
hernebay.com Make Offer 1 1 Please click here for more information!Please click here for more information!
myebay.net Make Offer 1 49 Please click here for more information!Please click here for more information!
sexebay.com 5,600 $US 1 83 Please click here for more information!Please click here for more information!
freebay.eu 1,499 EUR 1 30 Please click here for more information!Please click here for more information!
thepiratebay.hu Make Offer 1 2,043 Please click here for more information!Please click here for more information!

 

[Pommy - The DN Doc]

I think your wrong about it being risky for me to sell this. I can't get sued for selling it on. If I sell it, I will just put a small clause excluding myself from legal responsibility.

Still not sure about this. I hope youre right... Good luck

 

[johname]

if you check Sedo, LOTS of domains with ebay in the title are being sold :


sitebay.com Make Offer 5 43 Please click here for more information!Please click here for more information!
sellonebay.com Make Offer 4 - Please click here for more information!Please click here for more information!
gamebays.com Make Offer 3 - Please click here for more information!Please click here for more information!
figtreebay.com Make Offer 2 32 Please click here for more information!Please click here for more information!
yourebay.com Make Offer 2 - Please click here for more information!Please click here for more information!
resumebay.com Make Offer 2 - Please click here for more information!Please click here for more information!
èbay.com Make Offer 1 - Please click here for more information!Please click here for more information!
datebay.com Make Offer 1 - Please click here for more information!Please click here for more information!
salebay.net Make Offer 1 1 Please click here for more information!Please click here for more information!
mebay.com Make Offer 1 - Please click here for more information!Please click here for more information!
hebay.com Make Offer 1 2,125 Please click here for more information!Please click here for more information!
websitebay.com Make Offer 1 1 Please click here for more information!Please click here for more information!
snakebay.com 399 $US 1 23 Please click here for more information!Please click here for more information!
areebayemen.com Make Offer 1 31 Please click here for more information!Please click here for more information!
wholesalebay.com Make Offer 1 36 Please click here for more information!Please click here for more information!
shoebay.com Make Offer 1 - Please click here for more information!Please click here for more information!
hernebay.com Make Offer 1 1 Please click here for more information!Please click here for more information!
myebay.net Make Offer 1 49 Please click here for more information!Please click here for more information!
sexebay.com 5,600 $US 1 83 Please click here for more information!Please click here for more information!
freebay.eu 1,499 EUR 1 30 Please click here for more information!Please click here for more information!
thepiratebay.hu Make Offer 1 2,043 Please click here for more information!Please click here for more information!

notice how none but "èbay" start with ebay.


thepiratebay can be "the pirate bay" but your name cant be broken like that

 

[comicbookguy]

Yes if the person who buys it gets sued , he can sue you in return. this is pretty well known (read the Legal board) and you cant put in a clause excusing yourself from any legal responsibilty, thats not legaly possible, and Im sure others will attest to this . this is talked about alot on these boards . ( I am not saying you are going to get sued if you sell it, just telling you it happens) but good luck whatever you decide.

I got this from some legal document online. found here

http://www.law.northwestern.edu/journals/njtip/v3/n1/1/Nelmark.pdf


Assuming that the original registrant cannot be forced to give restitution to a third
party purchaser, aren’t we just encouraging cybersquatters to stay in business, but just sell the domain names quickly before they get caught? Although the UDRP does not give a trademark holder a right to go after anyone but the current registrant, the ACPA provides a cause of action against anyone who “has a bad faith intent to profit from that mark” and who “registers, traffics in, or uses” a domain name that is identical or confusingly similar to a distinctive mark or which is identical, confusingly similar, or dilutive of a famous mark.111 Nothing in the ACPA limits this cause of action to be against those who currently hold the domain name. So, as long as someone meets the bad faith requirements of the law, he is subject to damages. (This would be the original seller)
¶56 These damages are the same as those for general trademark infringement actions,
and they can be substantial. In the case of an infringement of a registered mark, the
damages include the defendant’s profits, any damages sustained by the plaintiff, the costs of the action, and, in exceptional cases, attorneys’ fees. Thus, if the defendantregistered a domain name in bad faith and then sold it at a profit to a third party, the trademark holder would be entitled, at a minimum, to the proceeds from that
transaction. Additionally, the plaintiff can elect to receive statutory damages instead of actual damages and profits. This is significant because if a defendant has not yet sold the domain name, she has no profits, and it is often difficult for the plaintiff to prove damages. Statutory damages are determined by the court and range from $1000 to $100,000 per domain name

 

[barefoottech]

if you are such a mastermind you wouldn't buy ebay****.com
$0 value

 

[Devil_Dog]

If I use domain privacy and as such ebay can't contact me (no contact email on site either) I don't think they can still sue me.

Boy do you have have alot to learn. Contact privacy means jack. They'll just go to the registrar and subpoena that info.

Been offered $125 for the domain, which I will accept.

$5 says the name will still be in your possesion 2 weeks from now.

 

[Archangel]

I think your wrong about it being risky for me to sell this. I can't get sued for selling it on. If I sell it, I will just put a small clause excluding myself from legal responsibility.

No, you might still be held liable if you receive a C&D before the actual sale. There is no way to truly beat the legal system. Sell it ASAP and you won't have much to worry about.

if you check Sedo, LOTS of domains with ebay in the title are being sold :

eBay only goes after the domains they think have a good shot at messing up their brand. There are too many eBay domains out there to chase after.

 

[reprint1]

Ebay themselves and many other companies often do not chase down offenders themselves. There are companies who make it their business to represent those brands and chase the offending sites down.
Like the issue with debt collectors, this has resulted in much more aggressive pursuit of TM violators because these companies want to show plenty of results back to the TM holders.

sorry i missed this issue in my first post :td: