Why does TDNAM allow Ebay names?

[redshift]

I dont understand this some poor TDNAM bidder is buying a name with ebay in it for about 1,000 and will probably get a C&D right afterwards and loose out on their money
since ebay clear states:

eBay Domain Names
eBay owns exclusive trademark rights in the eBay name in the United States and in many countries internationally. The ownership, use or sale of a domain name containing the eBay name is not permitted because it is likely a trademark infringement. We do not give permission to third parties to register domain names containing "eBay." Also, eBay item listings attempting to sell such domains are likely to be ended by eBay

why are these sales allowed? am i missing something

 

[IAmAllanShore]

BecauseBay not all things that containt the letters with "e-b-a-y" areBay necessarily infringing, as circa will point out for, given adequateBay opportunity
WhileBay thereBay will be someBay that areBay infringing, TDNAM, Sedo, Afternic and others only act when contacted by the TM holder, it appears.
-Allan :gl:

 

[Spade]

Im fairly confident the name in question is ebayexpert.com - I also do believe this would probably fall under a TM violation, Your thoughts Allan?

 

[IAmAllanShore]

Gee-golly...
If eBay cared...
Well, UDRP:
1) TM rights (probably)
2) legitimate use (maybe?)
3) bad faith (maybe?)
Not to jump on board the "everybody else does it so it's ok" bandwagon, but eBay obviously doesn't UDRP every domain name out there, even though it does get aggressive (circa, where are ya brutha? ).
NAF shows "0" real cases for "ebay" (ChesepeakeBayPacking.com was listed, although withdrawn, but I don't think that would have been eBay...).
WIPO shows the cases I've listed below, but that is only a small fraction in comparison to the C&D's sent out, and a minuscule amount compared to all domains with "ebay" somewhere in the name.
So either eBay doesn't actively protect unless they want it, or they like the publicity, or they are preparing to rid the world of every domain name that contains ("ebay") somewhere in it, and just haven't done so yet.
-Allan :gl:

D2007-0303 godaddysreseller.com
pimpdaddydomain.com
gotpimpdaddy.com
yomygodaddy.com
gotgodaddy.com
godaddythatdomain.com
godaddythis.com
godaddythat.com
godaddysebay.com
godaddyebay.com
Case active
D2006-1307 ebaymoving.com
eBay Inc.
ebayMoving c/o Izik Apo
Transfer
D2003-0808 planetebay.net
eBay Inc.
RePoCo
Transfer
D2002-0849 ebaybusiness.com
eBay Inc.
Pisoft Corporation
Transfer
D2001-0259 ebaystores.com
ebaylive.com
eBay, Inc.
Joyce Ayers
SGR Enterprises
Transfer
D2001-0195 yahookimo.com
yahooebaygroup.com
yahooebaycorp.com
yahooebay.org
yahoocabs.com
yahoocab.com
yahoobay.org
yahoobay.net
yahoo-ebay.com
ebayyahoo.net
ebay-yahoo.com
Yahoo! Inc.
Syed Hussain
CPIC NET, MIC
Transfer
D2001-0068 gayebay.com
eBay, Inc.
Progressive Life Awareness Network and Dennis Mintun
Transfer
D2000-1633 ebaykorea.com
eBay, Inc.
Sunho Hong d/b/a ebaykorea.com
Transfer
D2000-1632 ebaysexauction.com
ebay4sex.com
eBay, Inc.
Tony Caranci
Ebay4sex.com
Transfer
D2000-1463 ebayunitedkingdom.com
ebayturkey.com
ebaynewzeland.com
ebaygreece.com
ebayamerica.com
eBay, Inc.
John L. Liadis
G.L.Liadis Computing Ltd.
Transfer
D2000-1444 ebayrus.org
ebayrus.net
ebayrus.com
eBay, Inc.
W. Martin Lewis
LivingSprings2000
Transfer
D2000-1368 eebay.com
eBay, Inc.
Matt Oettinger
MEOdesigns
Transfer
D2000-1296 eebay.com
Terminated
DAE2007-0001 ebay.ae
Case active
DIE2004-0001 ebay.ie
Terminated

(That didn't show up as clearly as I'd hoped - everything was "transferred" or "terminated", basically. Search WIPO for the complete details.)
-Allan