eBay

supergravi · 03-22-2007, 05:38 AM

Hello all -

I got a wild hair and decided to try and buy and re-sell domain names. I am very successful as an eBay seller.

I went out and registered 24 domain names using city names and the word 'ebay'. Ex. www.memphisebay.com, www.sanfranebay.com, etc.

First, is this legal? A co-worker told me that I can't use ebay on my domain name becuase of trademark infringement. Can anyone offer more info on that?

Second, if it is not legal, what are some suggestions on getting these re-sold?

Thanks,
Shawn

andrewp · 03-22-2007, 09:23 AM

I think this would only be a problem if the domains were used in direct competition with ebay i.e. for another auction website.

ICANN (Internet Corporation for Assigned Names and Numbers) are responsible for these kinds of dispute so it may be worth contacting them with your questions

http://www.icann.org

chicgeek · 03-22-2007, 10:47 AM

Mmm.... on my second visit of this thread, I think it's primary purpose is legal (If you get past that, then you can move on to marketing), so I moved it.

I believe it's not kosher to develop those domains in a way that may possibly be construed as imitating the eBay brand, but to be sure I'm no expert. You may also find similar threads on this board.

StupidScript · 03-23-2007, 04:56 PM

It's a little weird because the author is proposing selling ebay-related domains (not content) ... on ebay. I guess we'll find out soon enough what they think of that. I'm pretty sure they could easily make a case against using those domains, just like sanfrangoogle.com or bostonmicrosoft.com would probably be actionable.

It comes down to (a) whether the offended company (ebay) thinks the domain names are infringing on their copyright (Do they create confusion in the marketplace? Yes, you lose that one right away) and (b) whether the courts agree with them. ICANN typically doesn't resolve these types of disputes .. they just keep the records. However in a case like this (it's called "cyber-squatting" and is generally frowned upon) ICANN has a fast-track administrative procedure which usually involves ebay making a complaint which is then forwarded to one of ICANN's accredited "Dispute-Resolution Service Providers" for a determiniation of the validity of the complaint. Following that, if ebay "wins", you would receive notice of the determination and would be asked to voluntarily give up the domains in question. If you refused, then the resolution proceedings, the letter to you and your response would be available to ebay in making their claim (intellectual property theft) against you in court ... where they would win, and you would be forced to give up the domain names to ebay and pay all lawyers fees, in addition, perhaps, to a fine.

In general, it's not a good idea to incorporate an existing brand into a new domain name unless you are authorized to develop that brand. Anything else would be considered to be "cyber-squatting". I'm not a lawyer, and this is not legal advice ... but I've seen it happen a bunch of times, so take this as you will.

Daniel-Z · 03-23-2007, 06:43 PM

I think "StupidScript" is a kick ass nick name

Countless times I've said "Come on STUPID SCRIPT! Just do what I want you to do!"

The worst part is that its with scripts that I wrote or I'm in the middle of writting

damien_ls · 03-28-2007, 04:42 AM

On the same proviso that I'm not a lawyer, I can see sound logic in StupidScript's comments.

I think if it was incidental - e.g. bluebay.com (blu ebay / blue bay) they wouldn't care or notice, and it would probably be difficult to bring a solid case against you unless you were setting up an auction site, and/or using the domain in some other way that would lead to brand confusion.

I guess the other comment I would make is that you're probably in a better position with ...ebay.com compared to ebay....com - the latter is more likely to lead to confusion with eBay.

In general though, it's a good idea to try to avoid such issues completely to ensure that you stay in safe waters.

ryukenden · 05-05-2007, 03:09 AM

I am not sure whether many people want to buy domains including ebay. I have sold a few domains with "Ebayer" but did not get much as people are afraid to buy those domains.

There might be legal issue depending on how ebay thinks. So I won't take risk in this case.

webgirl · 08-18-2007, 11:53 AM

I think people will be worried that eBay will be upset and no one wants to start an online web presence with that worry.

MakeYourFirst$$$ · 08-27-2007, 03:54 PM

I agree with Andrew P