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Would this be treading on copyright infringement?

by Jon Tees
10 replies
If you were to market a site similar to Ebay as "The new Ebay." would it be treading on copyright infringement? Even if say your site although similar is unique and different from ebay.
#copyright #infringement #treading
  • Profile picture of the author Dennis Gaskill
    Copyright infringement may or may not apply, but trade name infringement sure does. My guess is you'd be shut down within days.
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  • Profile picture of the author Dan C. Rinnert
    Originally Posted by Jon Tees View Post

    If you were to market a site similar to Ebay as "The new Ebay." would it be treading on copyright infringement? Even if say your site although similar is unique and different from ebay.
    Not copyright infringement but trademark infringement.
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    • Profile picture of the author innocent07
      Banned
      yep, trademark infringement.

      Change the name.

      For example 'The new Egay' (Thats just a suggestion, i wouldnt personally use it)

      or 'The new [anyword BUT ebay]'
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      • Profile picture of the author kindsvater
        Here's what I think:

        1. There's too little information or context about the planned slogan and overall marketing for anyone to have an opinion.

        2. You should go talk to an attorney.

        There is a misconception by some on the forum that a trademark can never be referenced without there being infringement. If it was that simple us lawyers would be out of business - and we can't have that can we

        I'm betting you've seen a million commercials where one competitor mentions the trademark of another competitor in their marketing.

        For example, Howie Long promoting Chevy Trucks while specifically mentioning Toyota Trucks and how they do not measure up in some manner.

        Of course, GM has 1 or 2 lawyers on the payroll to help guide the marketing - and you don't know the difference between copyright and trademark. Time to get some professional, local advice.
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        • Profile picture of the author Dennis Gaskill
          Originally Posted by kindsvater View Post

          There's too little information or context about the planned slogan and overall marketing for anyone to have an opinion.
          I'm not trying to start an argument, but I'd like to understand something. How is building a site like Ebay and calling it the TheNewEbay not enough information? The intent looks pretty obvious to me. I'd bet Ebay has lawyers of their own ready to squish plans like the OP's.
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          • Profile picture of the author Killer Joe
            Originally Posted by Dennis Gaskill View Post

            I'm not trying to start an argument, but I'd like to understand something. How is building a site like Ebay and calling it the TheNewEbay not enough information? The intent looks pretty obvious to me. I'd bet Ebay has lawyers of their own ready to squish plans like the OP's.
            Good luck with FEEBAY, as well. I seriously doubt they will let that fly.

            "If you were to market a site similar to Ebay as "The new Ebay", pretty much lays out the intent.

            'Fair use' is out the window here.

            To the OP, take Brians' advice and seek counsel on this, or take my advice and drop it all together. You would need massive Venture Capital lined up to pull this one off, and if you don't know the difference between a Copyright and a Trademark, I'm guessing this is a non-starter.

            KJ
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  • Profile picture of the author Chris Worner
    You should use,

    www.TheNewFEEBAY.com
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  • Profile picture of the author Dennis Gaskill
    Just to clarify, a trademark and a trade name are two different things. Your idea could actually be violating both, depending on how you visually presented the site.

    I'm not 100% sure of this, but I believe using a name strikingly similar to a trade name could also pose legal problems, especially if the businesses offer the same services. If the name is designed to derive benefit by imitating the trade name, I'm pretty sure your backside would be hot water.
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  • Profile picture of the author Ken Preuss
    A general rule I've learned about these things over the years: If you have any question in your mind as to whether it might be infringement (particularly infringement on a big brand with deep pockets) save yourself the trouble and go a different way.

    Just my .02

    Ken
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  • Profile picture of the author Mrs_Mo
    My opinion and understanding...this is not fair use
    If someone is using some other company's trademark to sell their services, they will get in trouble.
    Another thing I was reading is that, even if the word is written differently but sounds alike could also be an issue.

    I'm not a lawyer, I just read a lot. The last book I read about trademarks, was from Nolo. Such a great book. There is so much that goes into trademarks you woudn't believe.

    You really need to consult a lawyer that specializes in Trademarks and patents.

    good luck,
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  • Profile picture of the author Zeus66
    OP, ignore everything in this thread. NO offense to any others here, but this is too important to get laymen opinions. GO TALK TO AN ATTORNEY who specializes in this stuff. Period. A marketing forum is not the place to get your info on this topic.
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