04-20-2008, 07:44 AM
How many times do we have to tell people: do not use the word bay in your domain name unless you have a deep desire to spend the next 5 years in a courtroom fighting eBay's questionable claims to the word 'bay'?Â
I'm not feeling very sympathetic to this individual because he also registered a couple of names that are clear trademark infringements: ebayenespanol.info, ebayinspanish.com, and used a logo that mimicked eBay's logo.
eBay's latest "bay" C&D:
full C&D: http://www.powersellersunite.com/about18295.html
I'm not feeling very sympathetic to this individual because he also registered a couple of names that are clear trademark infringements: ebayenespanol.info, ebayinspanish.com, and used a logo that mimicked eBay's logo.
eBay's latest "bay" C&D:
Quote:We recently became aware of your registration and use of the domain name www.latinos bay.com and your use of the trademark LATIONSBAY and a logo with a multi-colored and staggered BAY element which is obviously intended to mimic the famous eBay logo design. Upon further investigation, we have discovered a number of other problematic domain names that you own and monetize which also either incorporate eBayâs famous EBAY mark in its entirety (e.g., www.ebayenespanol.info this one has expired i no longer own) and www.ebayinspanish.com (this one also has expired i no longer own) or which combine a term with the distinctive BAY element of the eBay mark (e.g., www.latibay.com).
Similar to eBayâs EBAY mark, your LATINOSBAY mark follows the â[term] BAYâ format and combines the term LATINOS with the arbitrary âBAYâ suffix. Your Web siteâs emphasis of the distinctive âBAYâ suffix and the display of that suffix in a multi-color format and with an unorthodox capitalization scheme further evokes the well-known EBAY mark (especially considering that you display the said logo along with the tagline âla subasta del puebloâ which translates to âthe auction of the townâ which is a direct reference to eBayâs services).
It is evident that you selected the LATINOSBAY mark and logo with knowledge of the famous EBAY mark, and that consumers confronted by your LATINOSBAY mark and logo and the www.latinosbay.com domain name are likely to believe that your services are affiliated with or sponsored or approved by eBay. Your continued use of the LATINOSBAY mark also is likely to dilute the EBAY mark...
full C&D: http://www.powersellersunite.com/about18295.html