eBay sends C&D to owner of LatinosBAY.com over use of the word "BAY"

[mandy]

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'? 

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:

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 eBay’s 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 eBay’s EBAY mark, your LATINOSBAY mark follows the “[term] BAY” format and combines the term LATINOS with the arbitrary “BAY” suffix. Your Web site’s emphasis of the distinctive “BAY” 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 “la subasta del pueblo” which translates to “the auction of the town” which is a direct reference to eBay’s 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