Quote:
"pornbay" or "sexbay" a risk? No chance!
'bay' is a word in the dictionary, and only part of their name.
|
Completely irrelevant. If it is close enough to a trademark to benefit from the popularity of that trademark (which is clearly the intent here as the original poster said), then it is a violation of that trademark.
As for 'Elaine Bay', I believe this is what most lawyers would say...
If she opens a website called say ebay.org, and she uses it to put up pictures of her cats and an online diary say, and she in no way benefits from the similarity to ebay.com (because she isn't selling anything), then she probably could defend herself. But if she starts selling something, or heaven forbid, adds an auction script, then she would have big problems in front of a judge.
So if Elaine Bay wants to open an ecommerce site named after herself, she is shit out of luck; EBay got there first. That's the way it is. Write your congressman if you think it's unfair.