Trademark problem with a domain

[Gerakus]

Ok before i continue i would try to resume what happend:

I park like 90% on my domains on sedo, and put them for sell, since i have no time at the moment for my projects, i pretty much have to give up on some.

Well that was about 10 days ago, and probabbly i make a mistake in one or two, without considering trademark factors, tought my pourpose was never cybersquatt a trademark in any way, but oh well, ebay is kind up saying i am doing that...

Now i wonder why that domain got so many visits without been index in google....

Now i am getting a hammer on my back from ebay enforcenment staff...

I would use * to cover my domain, for security reasons.

We are writing concerning your registration of the domain name ******** which contains the PayPal trademark.

As you know, PayPal is the leading provider of online payment services. PayPal adopted the name and trademark "PayPal" in October 1999 and since that time, PayPal has actively used the PayPal name and trademark in connection with its online payment and related services, including maintaining the web site www.PayPal.com. PayPal has devoted substantial resources to promote its services under the PayPal mark and logo, and those trademarks embody the substantial goodwill that PayPal has earned as a result of providing high quality services. In addition to its own promotional efforts, PayPal has been the subject of numerous unsolicited articles in the media, including national and international print, radio and television media highlighting PayPal's pioneering and successful efforts in online payments. As a result of PayPal's promotional efforts and the high quality services that PayPal provides, the PayPal trademark is famous, well known, and viewed favorably by the general publi c. PayPal is a wholy-owned subsidiary of eBay Inc. Accordingly, eBay owns exclusive trademark rights to the PayPal name and trademark in the United States and internationally, including related common law rights.

We are concerned that your registration of *********** will cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by PayPal or eBay. As we hope you can understand, protection of its trademarks is very important to eBay.

We understand that you may have registered *********** without full knowledge of the law in this area. Your registration of the above domain name violates the Lanham Act (15 U.S.C. 1051 et seq.), because it infringes and dilutes the PayPal trademark. Infringement occurs when a third party's use of another's trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party's services. Trademark dilution occurs when a third party's use of a variation of another's trademark is likely to lessen the distinctiveness of that famous trademark. Additionally, the Anticybersquatting Consumer Protection Act (http://www.submerged-ideas.com/litigation/anticybersquat.htm) provides for serious penalties (up to $100,000 per domain name) against persons who use, sell, or offer for sale a domain name that infringes or dilutes 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 trademarks. For these reasons, and to avoid consumer confusion, eBay must insist that you not make any future use of the domain name. You should not sell, offer to sell, or transfer the domain name to a third party and should let the domain registration expire. You should also not register any other domain names that infringe the famous PayPal or eBay trademarks.

Please respond to this email and confirm 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

Now i wonder, you are forbidden to use a trademark in any domain combination words whatsoever? and if you do eventually you would be hit by law if you do?

Or in this case was the fact i was trying to sell that got me in trouble? or in any case is forbidden...

I remember a case of lindows domain problem... where they pretty much have to come a deal with microsoft... and give up that domain name... I starting to remember many things ... heh.

Sigh please somebody with experience help me on this.

 

[alex_d]

Firstly, can I ask what the name was you registered ?? ( I know you dont want to mention it, but a rough idea. Was it something like paypal100.com ?? )

Secondly, did you have a definate plan for the use of the domain when you purchased it ??

I had a similar experience a couple of years ago when I registered a domain for a customer that contained the word ISAMEX (this was the companies name).
A short while after regging the name, I received an email from America Express saying that AMEX was their registered trademark, etc. After explaining what the domain was being used for, and the fact that the companies name included the letters AMEX, I was allowed to continue to go ahead and develope the name. But they did "warn" me that if in the future I used the name for a site about services that could be seen as being in competition with American Express, they would review the situation again, and see about my right to use this name.

Anyway, I guess it all comes down to what the name actually is, and if you had any honest plans for the name that did not in anyway conflict with the interests of Paypal.

Good luck.

Alex

 

[Anthony Ng]

Don't worry, this is just a STANDARD eBay TM notice, nothing "personal". If you take a closer look near the end of the letter, as usual, they are not even asking you to give them the name but simply "no sales, no transfers, let expired". One of your options is to take it off Sedo and any other active hosting or offer to sell listing; but if you decide to respond to their e-mail, you may want to consult your lawyer first. Hope this helps.

 

[Gerakus]

Don't worry, this is just a STANDARD eBay TM notice, nothing "personal". If you take a closer look near the end of the letter, as usual, they are not even asking you to give them the name but simply "no sales, no transfers, let expired". One of your options is to take it off Sedo and any other active hosting or offer to sell listing; but if you decide to respond to their e-mail, you may want to consult your lawyer first. Hope this helps.

Thanks man, i was almost finish with my essay =P, that i was going to send them... but i better follow your advise...

So my best option is to let it die? and dont look back at it. Oh well i guess i can do that :S. It was a good project tought, but i dont want problems, all my business depends on ebay and paypal.