We are writing concerning your registration and use of the domain name ebayxxxxxxx.xxx, 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 eBayâs pioneering efforts and 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 and use of ebayxxxxxxx.xxx. As we hope you can appreciate, protection of its trademarks is very important to eBay. Your registration and use of ebayxxxxxxx.xxx violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous eBay trademark.
Infringement occurs when a third partyâs use of a companyâs trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third partyâs services. Trademark dilution occurs when a third partyâs use of a variation of a companyâs trademark is likely to lessen the distinctiveness of the companyâs famous trademark.
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 has 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 therefore denied registration of ebaysecurities. eBay is concerned that your unauthorized use of the eBay name may cause confusion as to whether you or your companyâs activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.
We understand that you may have registered ebayxxxxxxx.xxx without full knowledge of the law in this area. However, eBay is concerned about your use of the eBay trademark in your domain name. As you may know, the Anticybersquatting Consumer Protection Act (
http://www.patents.com/acpa.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 anotherâs 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 immediately stop using ebayxxxxxxx.xxx and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to a third party and should 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,
XXXXX
eBay Legal Department
