Email from Ebay!

[Broker]

Over the domain name

LumberToneBay.com

Basically said do not sell or offer to sell domain or they will sue me. I wrote back that Lumber Tone Bay is a residential housing development project going up and that their ever so important TM is not being violated.

I hate these big rich companies throwing their weight at little me

 

[DNQuest.com]

They have automatic C&Ds, so when it sees the "ebay", it sends out a notice. You did the right thing. i wouldn't worry unless you use it to offer auction services

 

[Broker]

Maybe I should sell it on ebay LOL

 

[IAmAllanShore]

There have been a number of posts about eBay and their attempt to protect everything with the letters "ebay" in it - it does seem to be "automated" in some fashion.
-Allan :gl:

 

[Dave_Z]

This is just a personal observation. It seems some trademark holders send out
C&Ds "automatically", but are prepared to back down once the registrant does
show they have an unrelated and legitimate use.

Unfortunately trying to show an unrelated and legitimate use is more difficult
when uniquely famous (hint) trademarks are involved.

 

[PowerUp]

Would you be able to sue eBay for causing you emotional distress, bla bla bla...?

 

[Broker]

Would you be able to sue eBay for causing you emotional distress, bla bla bla...?

LOL, yeah maybe if I had one of their high dollar lawyers.

 

[thetruman]

mmmm I own warebay (.) com and parked with keyword "auction"... but what the hell the word is ware :
ware 1 (wâr)
n.
1. An article of commerce.
2. An immaterial asset or benefit, such as a service or personal accomplishment, regarded as an article of commerce.
--------------------------------------------------------------------------------

And ebay is not the owner of the word bay...
(ps i didn t get any letter on anything, and their letter for your domain name is just RIDICOULUS)

 

[DNQuest.com]

mmmm I own warebay (.) com and parked with keyword "auction"... but what the hell the word is ware :
ware 1 (wâr)
n.
1. An article of commerce.
2. An immaterial asset or benefit, such as a service or personal accomplishment, regarded as an article of commerce.

I love how domainers disillusion themselves and try to be cute. Here is what I see:


war
–noun 1. a conflict carried on by force of arms, as between nations or between parties within a nation; warfare, as by land, sea, or air.
2. a state or period of armed hostility or active military operations: The two nations were at war with each other.
3. a contest carried on by force of arms, as in a series of battles or campaigns: the War of 1812.
4. active hostility or contention; conflict; contest: a war of words.
5. aggressive business conflict, as through severe price cutting in the same industry or any other means of undermining competitors: a fare war among airlines; a trade war between nations.
6. a struggle: a war for men's minds; a war against poverty.
7. armed fighting, as a science, profession, activity, or art; methods or principles of waging armed conflict: War is the soldier's business.
9. Archaic. a battle.
–verb (used without object) 10. to make or carry on war; fight: to war with a neighboring nation.
11. to carry on active hostility or contention: Throughout her life she warred with sin and corruption.
12. to be in conflict or in a state of strong opposition: The temptation warred with his conscience.
–adjective 13. of, belonging to, used in, or due to war: war preparations; war hysteria.


ebay

Noun, A leading company in the auctions service who branded thier name around the world. They tirelessly fight to to protect their name which they alone have established in the marketplace.

So, the way I see it is war - ebay which keywords are "auction"

And ebay is not the owner of the word bay...
(ps i didn t get any letter on anything, and their letter for your domain name is just RIDICOULUS)

Ebay does own ebay.

What is a ware bay anyway, it is a nonsensical word and the only thing that comes up on a search has ebay, the auction site, associate with the term And since you admit to using the keyword "auction", I thank you for contributing to the reputation of domainers.

War Ebay...ououout

 

[namenut]

mmmm I own warebay (.) com and parked with keyword "auction"... but what the hell the word is ware :
ware 1 (wâr)
n.
1. An article of commerce.
2. An immaterial asset or benefit, such as a service or personal accomplishment, regarded as an article of commerce.
--------------------------------------------------------------------------------

And ebay is not the owner of the word bay...
(ps i didn t get any letter on anything, and their letter for your domain name is just RIDICOULUS)

Wow,

I would say you just blipped on the radar screen via your own post. But to state you keyword it under "auctions" is as eluded to ..... damaging.

Email from Ebay!

--------------------------------------------------------------------------------

Over the domain name

LumberToneBay.com

Basically said do not sell or offer to sell domain or they will sue me. I wrote back that Lumber Tone Bay is a residential housing development project going up and that their ever so important TM is not being violated.

I hate these big rich companies throwing their weight at little me

I think you're OK because the "e" grammaticality belongs to the previous word. Also as you state the Phrase has another use other than "ebay" or " online auctions"

namenut

 

[labrocca]

I think you're OK because the "e" grammaticality belongs to the previous word. Also as you state the Phrase has another use other than "ebay" or " online auctions"

But since he is using it for "auctions" ...he is NOT ok.

 

[thetruman]

ok then I will change my keyword. But never heard of warehouse? well change the house in a bay and you got the picture. WAR ebay what does mean by the way? :td:

 

[tricolorro]

I think you're OK because the "e" grammaticality belongs to the previous word. Also as you state the Phrase has another use other than "ebay" or " online auctions"
namenut

:hi:

You would think so but see this: Ebay vs PerfumeBay.com
http://snurl.com/perfumebay

Excerpt:
"...in finding that conjoined forms of “perfumebay” created a likelihood of consumer confusion. The district court, therefore, properly enjoined Perfumebay from utilizing such infringing marks."

and

"...the district court erred in holding that Perfumebay’s marks did not produce a likelihood of dilution, as the marks are nearly identical to eBay’s mark."

The PerfumeBay.com owner has started a blog about her fight.

You can follow the domain owner's blog here:
http://www.makesnoscents.com/

This was her first blog post here. It's an eye opener:
http://www.makesnoscents.com/?p=3

Patrick

 

[PowerUp]

Maybe all these people should group together to sue ebay for denying them the rights to use [any words ending with "e"]+bay as a business identity. If you look at it from a broader perspective, nobody else has the right to own spacebay, lovebay?

 

[DNQuest.com]

Maybe all these people should group together to sue ebay for denying them the rights to use [any words ending with "e"]+bay as a business identity. If you look at it from a broader perspective, nobody else has the right to own spacebay, lovebay?

Usage plays an important part of the equation. It is more than just the "ebay" and I really wish people would stop saying that, it is not. The one guy admitted freely to using "auction" as a keyword, I am sorry, but he is looking to score off the TM, and it is actions like that which put us in the situation we are now. If we did not have cybersquatters, our lives would be much easier.

 

[thetruman]

bay 1 (b)
n.
1. A body of water partially enclosed by land but with a wide mouth, affording access to the sea: the Bay of Biscay.
2. An area of land, such as an arm of prairie partially enclosed by woodland, that resembles in shape or formation a partially enclosed body of water.
[Middle English, from Old French baie, perhaps from baer, to open out, gape; see bay2.]
bay 2 (b)
n.
1. Architecture A part of a building marked off by vertical elements, such as columns or pilasters: an arcade divided into ten bays.
2. Architecture
a. A bay window.
b. An opening or recess in a wall.
3. A section or compartment, as in a service station, barn, or aircraft, that is set off for a specific purpose: a cargo bay; an engine bay.
4. A sickbay.
5. Computer Science A drive bay.

then again:

ware 1 (wâr)
n.
1. An article of commerce.
2. An immaterial asset or benefit, such as a service or personal accomplishment, regarded as an article of commerce.

where do you sell article of commerce on the net? most likely on auction...
from the dictionary as above i read engine bay, a drive bay
. Does ebay owns pirate bay? I changed my keyword, however the ads where pointing different auction site then e bay but also ebay. I was "advertising them" somehow and not selling something using their name...big difference here

 

[namenut]

But since he is using it for "auctions" ...he is NOT ok.

I was addressing HasRob with that comment. He said it was a Housing development.

:hi:

You would think so but see this: Ebay vs PerfumeBay.com
http://snurl.com/perfumebay

Excerpt:
"...in finding that conjoined forms of “perfumebay” created a likelihood of consumer confusion. The district court, therefore, properly enjoined Perfumebay from utilizing such infringing marks."

and

"...the district court erred in holding that Perfumebay’s marks did not produce a likelihood of dilution, as the marks are nearly identical to eBay’s mark."

The PerfumeBay.com owner has started a blog about her fight.

You can follow the domain owner's blog here:
http://www.makesnoscents.com/

This was her first blog post here. It's an eye opener:
http://www.makesnoscents.com/?p=3

Patrick

Online sales and auctions was the primary model for Perfumebay. Not so with Lumber Tone Bay..... just an opinion

 

[DNQuest.com]

truman, read post #9 please....

ware bay
war ebay

The term "war" with a noun was made famous by Jim Rome who is a sport talk show host. It is meant that the noun take up a challenge, hence the term "war ebay" since that is what that term spells out.

 

[thetruman]

being italian, i can t argue that much about the deepest meanings of words against mother tongue people. (and I have honestly no idea who Jim Rome is).
I like the name though ; evidentely if i will receive any communication from e-bay to drop the name I will do without thinking twice.
However I am not happy with the interpretation of a TM issue. If I am not using the name (given that there is an issue with it) to compete or damage a company but instead drive visitors and sales to their sites, my opinion is that they should give a prize instead.
You guys have more experience on this TM issues so I respect your opinions and view. Any further advice?

 

[Dave_Z]

Any further advice?

Talk to a lawyer with real-world experience in these matters.