Ebay Copyright Infringement Warning.
I have been working on a tutorial about how to sell on ebay. I referred to the subject of "Digging for Gold on Ebay." So I bought the domain name ebaywildcat as the title of the book to refer to this chapter. I got a warning by email. What I can't figure out is this for real? It has another email attached to the bottom from a marketing site earlytorise website, Early To Rise | Free Newsletter. In the email they mention amazon and ebay. Does anyone know why it is attached to the original email? Maybe ebay under economic stress and has to send to emails at a time. I will include (the email) it at the bottom. Maybe someone can explain this to me.
What I don't understand is why can't I mention ebay in the title if it is about ebay? Does anyone have experience in a situation like this? There are hundreds of titles out there with the word ebay or amazon in them.
Can ebay stop us from writing about them using the copyright infringement law? Isn't this bordering on unconstitutional. Is not the title of a website just as important as the article to be able to use the descriptive term ebay in it?
Any thoughts are comments would be appreciated.
Here is the email I received:
We are writing concerning your registration of ebaywildcat url 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 xxxxxxx - New & used electronics, cars, apparel, collectibles, sporting goods & more at low prices. 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 eBay's pioneering efforts and its 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 of the ebaywildcat.com. As we hope you can understand, protection of its trademarks is very important to eBay. 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 numerous proceedings before the World Intellectual Property Organization's arbitration panel. eBay 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 recognized the fame of the EBAY trademark and has, in the past, rejected a number of trademarks that have improperly incorporated the EBAY mark into them (such as "ebaysecurities"). 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 denied registration of ebaysecurities. eBay is concerned that any use of the domain name in question, will cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.
We understand that you may have registered ebaywildcat.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act 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 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 and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply let the domain registration expire. In the meantime, the domain name should remain inactive and should not point to any content.
Just to be clear, eBay does not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and eBay on the other hand are related and/or affiliated.
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,
Edith
eBay Legal Department
.
+OK
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Subject: The Most Profitable Website You've Never Heard Of...
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June 02, 2010
Dear Early to Rise Reader,
You've heard of Amazon.
You've heard of eBay.
And you've probably heard stories of entrepreneurs making a small fortune selling products on one (or both) of these websites.
Well... there just so happens to be a third website that makes it easier than ever for you (even if you're starting out on a super-small budget) to start making money online FAST.
What's this "third website" all about?
It's the world's largest business-to-business trading platform. In 2009, it facilitated over $6 BILLION in online transactions. It's got over 47 million active users. And it's won Forbes "Best Of The Web" seven years in a row!
Yet... oddly enough... 99 online entrepreneurs out of 100 have never even heard of it!
If you're interested in making money online, I encourage you read the following report. You'll find out how to start making money almost immediately from this little-known website...
... just like several seven-figure online entrepreneurs you'll meet already are.
clicksearlytorisecom
To Your Success,
Jessica Kurrle
Associate Publisher
Early To Rise
Note from the member of this forum:
I inactivated links by removing periods and removing symbols in email. I am looking forward to any insight from others.
Thank you very much.
What I don't understand is why can't I mention ebay in the title if it is about ebay? Does anyone have experience in a situation like this? There are hundreds of titles out there with the word ebay or amazon in them.
Can ebay stop us from writing about them using the copyright infringement law? Isn't this bordering on unconstitutional. Is not the title of a website just as important as the article to be able to use the descriptive term ebay in it?
Any thoughts are comments would be appreciated.
Here is the email I received:
We are writing concerning your registration of ebaywildcat url 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 xxxxxxx - New & used electronics, cars, apparel, collectibles, sporting goods & more at low prices. 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 eBay's pioneering efforts and its 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 of the ebaywildcat.com. As we hope you can understand, protection of its trademarks is very important to eBay. 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 numerous proceedings before the World Intellectual Property Organization's arbitration panel. eBay 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 recognized the fame of the EBAY trademark and has, in the past, rejected a number of trademarks that have improperly incorporated the EBAY mark into them (such as "ebaysecurities"). 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 denied registration of ebaysecurities. eBay is concerned that any use of the domain name in question, will cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.
We understand that you may have registered ebaywildcat.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act 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 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 and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply let the domain registration expire. In the meantime, the domain name should remain inactive and should not point to any content.
Just to be clear, eBay does not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and eBay on the other hand are related and/or affiliated.
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,
Edith
eBay Legal Department
.
+OK
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June 02, 2010
Dear Early to Rise Reader,
You've heard of Amazon.
You've heard of eBay.
And you've probably heard stories of entrepreneurs making a small fortune selling products on one (or both) of these websites.
Well... there just so happens to be a third website that makes it easier than ever for you (even if you're starting out on a super-small budget) to start making money online FAST.
What's this "third website" all about?
It's the world's largest business-to-business trading platform. In 2009, it facilitated over $6 BILLION in online transactions. It's got over 47 million active users. And it's won Forbes "Best Of The Web" seven years in a row!
Yet... oddly enough... 99 online entrepreneurs out of 100 have never even heard of it!
If you're interested in making money online, I encourage you read the following report. You'll find out how to start making money almost immediately from this little-known website...
... just like several seven-figure online entrepreneurs you'll meet already are.
clicksearlytorisecom
To Your Success,
Jessica Kurrle
Associate Publisher
Early To Rise
Note from the member of this forum:
I inactivated links by removing periods and removing symbols in email. I am looking forward to any insight from others.
Thank you very much.
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