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Thread: Today i got raped by ebay

  1. #1
    Greatly Respected Member gamingmaster42's Avatar
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    Default Today i got raped by ebay

    As some of you may know, I had a free ebay gift certificate site, namely http://free-ebay-gift-certificates.info/ (hosted by q)
    Well today i was utterly raped by eBay.
    Here's the email i got from them
    We are writing concerning your registration and use of the domain name free-ebay-gift-certificates.info, 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 and has registered the EBAY name as a trademark in many jurisdictions around the globe. 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 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 free-ebay-gift-certificates.info. As we hope you can appreciate, protection of its trademarks is very important to eBay. Your registration and use of free-ebay-gift-certificates.info violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous eBay trademark.

    Infringement occurs when someone, without authorization, uses a trademark that is identical or confusingly similar to a trademark owned by someone else. Trademark infringement occurs when this unauthorized use confuses consumers to falsely believe that the two parties are related to one-another, or that the true trademark owner is either endorsing or sponsoring the activities of the infringer. Trademark dilution occurs when the unauthorized use is likely to lessen the distinctiveness of the true trademark owner’s 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 a large number of proceedings before the 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 company’s activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.

    We understand that you may have registered free-ebay-gift-certificates.info 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 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 immediately stop using free-ebay-gift-certificates.info 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.
    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 reply to this email and confirm that you will comply as requested. If we do not receive a response from you, we will have no choice but to escalate this further and take whatever action that may be required to protect eBay's trademark rights.
    Thank you for your anticipated cooperation.

    Sincerely,
    Edith
    eBay Legal Department
    I have never been raped THIS badly by anyone, obviously i had to take down all my files and crap, i replied to them saying i agree because there's NO WAY i'm paying 100k

    GOD DAM i'll never be the same

    So all of you people who use illegal content, whether it be adult, music, movies, pics, ... watch out because you definitely don't want this email!

    This is stupid now i must find another niche.
    On that note I go eat lots of food to cool me down

    UPDATE:
    I told them I had removed all of the files etc:
    Thank you for your cooperation in this matter. We appreciate that you may have registered the domain name with the best of intentions and without full knowledge of the law in this area.

    We will consider this matter closed as long as the domain name remains completely inactive for the remainder of the registration period. Please be reminded that you should not sell, offer to sell or transfer the domain name in the meantime.

    We appreciate your cooperation and understanding in this matter and wish you the best of luck in your future business endeavors.


    Sincerely
    Edith
    eBay Legal Department
    Last edited by gamingmaster42; 09-01-2010 at 08:45 PM.
    Get some free Bitcoins every hour! http://goo.gl/4XDjQq

  2. #2

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    ouch, and thats just for using the name and nothing to do with content.

  3. #3

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    100k$$... Damn, u better start saving

  4. #4

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    Wow. So they didn't say it clearly, but are they giving you a chance to just shut down and NOT pay the penalty? Geez, talk about overkill eBay...

  5. #5
    Greatly Respected Member gamingmaster42's Avatar
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    Quote Originally Posted by tomcarotti View Post
    ouch, and thats just for using the name and nothing to do with content.
    I know what BS


    Quote Originally Posted by samsungfreakk View Post
    100k$$... Damn, u better start saving
    it was that or i had to take the site down, so i did the latter


    Quote Originally Posted by kanryan View Post
    Wow. So they didn't say it clearly, but are they giving you a chance to just shut down and NOT pay the penalty? Geez, talk about overkill eBay...
    It was either or. So i took down the site ... which is disappointing, it was making me lots of good $$$
    Get some free Bitcoins every hour! http://goo.gl/4XDjQq

  6. #6

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    Quote Originally Posted by gamingmaster42 View Post
    I know what BS



    it was that or i had to take the site down, so i did the latter



    It was either or. So i took down the site ... which is disappointing, it was making me lots of good $$$
    I see, I guess you can try starting a new one with a different domain name, cutting out ebay. x:

  7. #7
    Greatly Respected Member gamingmaster42's Avatar
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    Actually i am in process of starting ptc site
    maybe i will call it "ebayptc.com"
    what i will try to do though is sell off the script i used, with this $$$ i can get a good script etc
    Get some free Bitcoins every hour! http://goo.gl/4XDjQq

  8. #8

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    Quote Originally Posted by gamingmaster42 View Post
    Actually i am in process of starting ptc site
    maybe i will call it "ebayptc.com"
    what i will try to do though is sell off the script i used, with this $$$ i can get a good script etc
    lol, watch out for eBay.

    I was interested in your script but I don't know how much it is lol, since I was planning to buy a script to start up a GPT of my own, like a site for gamers to get prepaid cards.

  9. #9
    Greatly Respected Member gamingmaster42's Avatar
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    i'll hit you a PM
    Get some free Bitcoins every hour! http://goo.gl/4XDjQq

  10. #10
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    Using the Trademarked Ebay name for your personal use ? ...

    Consider yourself fortunate Ebay with their deep pockets didn't decide to sue ya for trademark violations and make an example of you ...

    Stephanie
    Last edited by Steffi; 08-31-2010 at 01:58 PM.

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