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 !

 

[Coolprogram]

HJust apoligize and kinda suck up to them. 'Cause otherwise you will lose the fight and have like everything taken away.

 

[Tippy]

I still cant believe you even bothered to reg the name... take them to Court lol

 

[Kamikaze]

Hi all !!! Please look :

First of all - thanks for those answers, you're helping me beyond your imagination !

I've got a PM with this content (nevermind who sent this etc. - just advise me if it's any true : -)

------------------------------------
your stupid if you sell it. tell them to pay you ppc and direct your site to their ebay or skype site. you registered the name so its on your name. its a domain not a company logo etc.. dont just hand it over to them, make them give you something for it. or better yet, ill buy it from you for $10.
------------------------------------

If another guy thinks he can handle them, why not, - I'll sell him that name...
BUT - if there's any thing resonable in "tell them to pay you" etc. - should I give it a try ?

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.

Can you please mention what domains you're talking about ?

 

[Shorty]

your stupid if you sell it....(further on) ill buy it from you for $10.

Ignore whoever told you that, profiting from the ebay name will put you in an even worse position. Just do exactly as they say, tell them you'll leave it to expire and pray they don't take it any further.

 

[Kamikaze]

...

Ignore whoever told you that, profiting from the ebay name will put you in an even worse position. Just do exactly as they say, tell them you'll leave it to expire and pray they don't take it any further.

arrr...
I AM THE OWNER for that domain name - NOT EBAY
I think I CAN SELL it to whoever I want, no ?!
I was asking for the options the domain owner have as far as "selling" or "asking ppc" :lol:

 

[jmweb]

Your right! You can sell it to whomever you want. But good luck finding someone to pay more then $20 for it.

 

[primacomputer]

------------------------------------
your stupid if you sell it. tell them to pay you ppc and direct your site to their ebay or skype site. you registered the name so its on your name. its a domain not a company logo etc.. dont just hand it over to them, make them give you something for it. or better yet, ill buy it from you for $10.
------------------------------------

This is some of the worst advice I have ever heard. Following it could be one of the most expensive mistakes you make in your life. Asking ebay to pay you is insane. It could easily provoke them to come down on you like a ton of bricks. Not just a UDRP but a law suit that would cost you well over $100K Selling the name on is also stupid. The buyer may take this same stupid advice and ask ebay to pay. When ebay sues him they will simply name you in the suit as well. You'll both loose over $100k.

Can you please mention what domains you're talking about ?

Are you cybersquatting on so many names that you can't remember them all
I don't have a list of all the names every cybersquatter has, so I can't give you a complete list. Suffice it to say that any of your names that contain trademarks such as Novel, El Al, etc will get you into trouble.

 

[Shorty]

But you are NOT the owner of the TRADEMARK, which would be seen IN COURT as the REASON you are profiting from the domain. I said PROFITING FROM THE EBAY NAME. Which is what it would be classed as if you sell it.

 

[RTM]

I concur with Prima and Shorty - doing ANYTHING (except letting it drop) with this hot potato could very well further increase your involvement and provide fodder for an argument of malicious intent. It doesn't matter if you sell it for $10 or $100K - you are benefitting (very directly) from their brand identity.

IMHO, of course.

Rob

 

[Ray]

tell them that you will hand it over for the registration fees

 

[daze]

i know it's been said before -- but unless you have unlimited funds, just cut your losses, apologize, and either give them the name or delete it. you don't want the headache for this domain (it's not even a good name to begin with)...

 

[Kamikaze]

My reply letter !!!

OK... well here's the rply letter I've just sent them : (it's a mix of some replies here and some of my thoughts too... :lol: )

------------------------------
Hello,
As far as the skype-ebay.com domain - I will hand it over for the registration fees (10$).
I sure don't want the headache for this domain name (it's not even a good name to begin with).
Transfer this fee to my paypal account - [email protected] (same as this email address) - and provide me your godaddy.com account name so I'll transfer the domain to you ! (you may open an account, if you don't have one, at www.godaddy.com)
Please inform me what you decide doing,
Sincerely yours,
Mr. X. XXXXXXXXX
-------------------------------

I sure hope the "it's not even a good name to begin with" didn't pissed them off... :lol:
I'll post their reply as soon as I'll get it

p.s - I hope that putting this domain on a bid at ebay.com several days before was a nice thing they would appreciate :p (the bid's over, it's ok...)
I don't wanna think what they'll think doing if they SAW IT... hehe :bah:

 

[labrocca]

Poor decisions you have made. Despite the fact that you have been given sound advice here. You just helped them prove a case against you which according to the law is up to $100,000 penalty in damages.

Nice going bud! And over regfee too...how sad.

 

[Shorty]

You absolute MORON. I hope they sue you.

 

[Kamikaze]

...

You absolute MORON. I hope they sue you.

Thanks bud !

 

[Morph]

it was a VERY stupid thing to do :S

guess some people just need to learn the hard way

 

[Kamikaze]

...

it was a VERY stupid thing to do :S

guess some people just need to learn the hard way

Look...
I believe they wont go right ahead and sue me...
They'll send a couple of more emails just to be sure I'm going head-2-head with them... -
As soon as I'll get the next email, telling me that they don't agree with my "askings" -
I'll trasfer them the domain asap.
It's that simple!

 

[Morph]

Okay, the email you sent wasnt exactly. . .well to a standard you send to email. but best of luck

 

[Kamikaze]

...

Okay, the email you sent wasnt exactly. . .well to a standard you send to email. but best of luck

I like having fun with TM's, check out the latest party : http://www.namepros.com/showthread.php?t=131406

 

[Element]

I woulmt want to mess with ebay so I would just give it back.

 

[mohawki]

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.

Just let me know which ones they are so I can buy them. :notme:

 

[namethreads.com]

I think your reply to ebay is reasonable. They will probably be willing to pay your out of pocket expenses ($10). For their point of view, they also don;t want hassle--so paying you $10 to get the domain name is probably a good solution for them too.

In addition, I don't think you can really get fined $100k for what you have done (as far as I know), but if you used the name to make a profit, you could have to compensate them--both the money and any loss to their good will etc. They want to frighten you, so this is what they wrote.

They could take a case to the WIPO to get the domain forcibly taken off you (the application fee for this, that they would have to pay is about $1000) and there is a small chance that the adjudicator would make a crazy decision and rule against ebay. By the way, WIPO would take it into account against you if you have other infringing dmain names--this shows you have a pattern of behaviour to register trademark domain names. (see http://arbiter.wipo.int/domains/search/overview/index.html)

All in all, ebay will probably be willing to pay reg fee for the domain (I believe).

Please keep us updated on how ebay respond.

 

[Kamikaze]

...

I think your reply to ebay is reasonable. They will probably be willing to pay your out of pocket expenses ($10). For their point of view, they also don;t want hassle--so paying you $10 to get the domain name is probably a good solution for them too.

In addition, I don't think you can really get fined $100k for what you have done (as far as I know), but if you used the name to make a profit, you could have to compensate them--both the money and any loss to their good will etc. They want to frighten you, so this is what they wrote.

They could take a case to the WIPO to get the domain forcibly taken off you (the application fee for this, that they would have to pay is about $1000) and there is a small chance that the adjudicator would make a crazy decision and rule against ebay. By the way, WIPO would take it into account against you if you have other infringing dmain names--this shows you have a pattern of behaviour to register trademark domain names. (see http://arbiter.wipo.int/domains/search/overview/index.html)

All in all, ebay will probably be willing to pay reg fee for the domain (I believe).

Please keep us updated on how ebay respond.

Thanks for the answer mate !
I'll keep you all posted

p.s - I've opened a thread about my new coming-up party, a possible GoogleTM issue here : http://www.namepros.com/showthread.php?t=132044
I'll be greatful if you'll take a look and maybe advise.

 

[dewd]

remimber......ebay owns paypal, they can reverse it / cancell your account......should have used a different payment method and cleared out your paypal asap

i think thier tos say they can take your account with all money in it...but i aint sure

SKYPE-EBAY.COM
EBAY-SKYPE.COM
skypeebay.com
ebayskype.com


all regged to different users

 

[blacktoned]

My first question is why you would buy the domain name after you stated you purchase like 5-10 a day? You like to inflict this upon yourself?

You seem to be having a blast with the event and whatnot like it's a joke. I honestly don't understand you really. Also, you just said you got in another one with Google?