I've got a threatening letter from [email protected] - please advise me what to do

[Kamikaze]

I'm the owner of the domain : Skype-Ebay.com

I've got this letter :

--------------------------------------------
We are writing concerning your registration of skype-ebay.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 its 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 of the
skype-ebay.com. As we hope you can understand, protection of its trademarks is
very important to eBay. 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 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 denied registration of
ebaysecurities. eBay is concerned that any use of the domain name in question,
will cause confusion as to whether you or your company’s activities are
authorized, endorsed or sponsored by eBay when, in fact, they are not.

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 not use the domain name for any purpose,
do not sell, offer to sell or transfer the domain name to a third party, and
instead simply 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

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

I'll thank whoever advise me (even letting me a "tamplete" for a letter I'd reply them...)

Thanks !

 

[hackside]

well reply to that letter and tell them about your concern..

 

[DJ-Sound]

theres no way to win, you broke the law w/tm infringment and I suggest giving the domain to them.....

Theres no template of a I'm guilty letter, just reply to them...


my 2 cents

 

[RegFee]

Well you didn't really expect to get away with this, did you? Just from browsing the forums for the past few months, I can tell eBay is very aggressive at protecting it's property. I believe they even threaten anyone who registers a name with "bay" in it if they are using it for an online auction site.

 

[Kamikaze]

...

Thank you all for those answers...
Well I'll reply them right away !
Should I tell them something like... "I don't want any legal actiones to be made towards any parties, but I'd like to at least get back my reg-fee" !? :lol:

 

[alanchau]

Thank you all for those answers...
Well I'll reply them right away !
Should I tell them something like... "I don't want any legal actiones to be made towards any parties, but I'd like to at least get back my reg-fee" !? :lol:

You want to compensated $8? No offense, but that's ridiculous.
They probably won't even give you one considering you knowingly infringed on their trademark.

 

[SimpleDomaining]

if they wil start to send everyone , who registered something similar to their name $8, they will be broke in one month

 

[G-win]

Just reply to them and tell them that your sorry and stuff and let them hav the domain name its only like $8.

 

[Humdizzy]

Makes me wonder how EastBay is still running.

 

[killaklown]

your not getting your $8 back, thats punishment for registering a domain you shouldnt be.


and eastbay doesnt have ebay in the name, they cant go and get every domain that has bay in it.

 

[Shorty]

Tell them you whole heartedly apologise for using their trademark and will fully comply with their request.

They will come down on you like a ton of bricks if you do anything else, just suck it up and concede.

 

[dewd]

be glad its only 8 bucks your loseing, and not your house

give it to them asap, give them the choice, transfur to them or cancell

 

[RJ]

Tell them you whole heartedly apologise for using their trademark and will fully comply with their request.

They will come down on you like a ton of bricks if you do anything else, just suck it up and concede.

Good advice. Don't worry about the $8 lest they chose to make an example out of you.

I would normally say something different (if the domain had any legitimate purpose for being registered), but this domains contains TWO of their famous trademarks and there doesn't seem to be any reason for you to own it.

Good luck,

RJ

 

[deu12000]

Makes me wonder how EastBay is still running.

Eastbay is probably older than Ebay also. I heard of EastBay before I heard of Ebay by several years.

 

[daze]

Makes me wonder how EastBay is still running.

eastbay has been a catalog since 1983, and their domain was created months before ebay.com was.

 

[mole]

Wow, a double whammy, has Skype contacted you yet?

 

[RTM]

eBay has long had a history of being *very* proactively protective of their IP assets - remember that they were one of the first companies to go after PPC bidding on their names (on Google Adwords, GoTo / Overture, etc...)

My advice: do as they ask, let it expire, and do not reply to them if not necessary.

It's $8 to you, but they easily spent about $8K just finalizing that letter they sent you. and they're probably willing to spend $80K just to set a precedent to try and force their hand...

Good luck,

Rob

 

[Tech2]

ebay and paypal both are "f" heads

also, they did not spend 8 grand on that letter... anyone who believes that, I have a nation for sale called (Ebay Sucks) it's $200,000 great deal!

 

[Kamikaze]

...

WOW !
Lots of answers :lol:
First of all let me thank you all guys for giving up time to reply...
I see I have 2 major options :
a) waiting till it's expired and not renewing it
b) transfer it to them asap, in the next couple of hours

It's not quitly the same, you know... and I guess B is more likely to be done, eh ?

As for asking about the 8$ - I was joking, you know :bah:
For a guy who register and avrage 5-10 dot-coms domains a day (by the way - is it much ?) - you can be sure it's not any of my concern :p

 

[jmweb]

Normally I would say contact a lawyer, but this is cut & dry.

Let this be a leason in life.

It cost you $8 to register the domain, if they wanted too it could have also cost you $2,000,000 to keep you out of jail. Assuming your a minor, it could have cost your parents a lot of money.

 

[alanchau]

Wow, a double whammy, has Skype contacted you yet?

eBay purchased Skype approx. 3 weeks ago...
That's why this domain was registered in the first place...

 

[mole]

eBay purchased Skype approx. 3 weeks ago...
That's why this domain was registered in the first place...

:lol: that explains the double paranoia.

 

[primacomputer]

I think you've got quite a bit of sound advice here. The only thing I might add is you may want to dump the other names you are cybersquatting on. Not just the skype ones, but the other blatant ones as well.

 

[andyy15]

I have to agree with everyone, give up the name its not worth the fight for $8.

 

[Zeeble]

Just apologies, and ask where you should transfer the domain.