ebay demands I deactivate blog. Can I transfer the USD$99 & set up another blog?
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I received an email from eBay demanding that I stop using my blog and deactivate it. I’ve only had it a week and I’m wondering if I could transfer the payment I made to allow me to open another blog?
On Thu, May 17, 2012 at 1:39 AM, <(email visible only to moderators and staff)> wrote:
> We are writing concerning your registration and use of the domain name
> ebayaustraliatraining.com, 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 tim=
e,
> eBay has actively used the eBay name and trademark in connection with its
> online trading and related services, including maintaining the web site
> http://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 i=
n
> the United States and internationally, including related common law right=
s
> 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=92s pioneering efforts and devoting substan=
tial
> effort and resources to providing only high quality services, the eBay na=
me
> 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 ebayaustraliatraining.com. As we hope you can appreciate,
> protection of its trademarks is very important to eBay. Your registration
> and use of ebayaustraliatraining.com 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=92s 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” b=
y
> 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=92s activities are authorized, endorsed or sponsored by eBay when=
, in
> fact, they are not.
>
> We understand that you may have registered ebayaustraliatraining.comwitho=
ut 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 kno=
w,
> 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=92s 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 avoi=
d
> consumer confusion, eBay must insist that you immediately stop using
> ebayaustraliatraining.com and disable any site available at that address.
> You should not sell, offer to sell, or transfer the domain name to a thir=
d
> 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
Blog url: http://ebayaustraliatraining.wordpress.com/ -
Yes, in this case I can issue a full refund for you, so you could purchase it again elsewhere if you wanted to.
You you like me to cancel and refund ebayaustraliatraining.com along with its bundle?
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Hi, Can you please issue a full refund? I already purchased another domain name for my blog and will transfer it to wordpress next week.
Kind regards,
Amanda -
I have canceled and refunded your bundle and domain as requested.
Please let us know if you need any further assistance!
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