Question
 

Would a paysite called ebaysex.com or ebayporno.com or something like that will cause legal or any other types of problems from ebay.com to the owner of that paysite ?? keep in mind that EVERYTHING on that site is 100% legal... (content etc...)

Would they even care ?

(long story...)

:glugglug

ebay = bigger than thehun ... thehun = have you shutdown if you had "iamnotthehun.net" ... ebay = would shut you down harder :thumbsup

Yeah, you are asking for trouble for sure, IMHO.

If you have a huge pot of money for legal bills and a marketting plan for which that exact domain name is key, then go for it. Otherwise why bother.

Any specific reason ? What would be their argument ? What specific reasong would they bring up that is good enough to legaly shut it down ?

> Any specific reason ? What would be their argument ?
> What specific reasong would they bring up that is
> good enough to legaly shut it down ?

Here's the problem with domains like that... you are going to be asked by lawyers (yours, theirs, and the judge) "why do you have that domain name?", "why does it have the name EBAY in it?"

Presumably (unless your real name is E. Bay) the truthful answer is you hope, somehow, to make more money by having EBAY in your domain; better SE positioning perhaps. And that is exactly how Ebay will be able to prove that you are benefitting from their trademark.

In otherwords, the more successful you are with that domain name the more doomed you are.

You have no chance, unless the site is a total failure and no one ever finds it.

Like I said, "Why bother?"

Unless you are planning to run an unsuccessful site and then again one would have to ask... "Why bother"

:thumbsup

ebay is trademarked...that means if the letters e-b-a-y follow one another ANYWHERE without their consent,its a trademark violation.... and yeah why bother? you wont get SE traffic from it and its not a marketable name... i would leave it alone

Sittin' on the dock of the bay...

I see that asking their premission is the only way .... I'm sure they'l uderstand ....

What if the name just hints ebay but dosnt actualy spell it... like pornbay or sexbay or something aroun there....

Would that be the same? or would they find another bullshit reason to sue ?

There are few absolute answers when it comes to legal issues, include trademark issues. It's all degrees of risk. (well, except the "ebayporn.com" thing - that is pretty cut and dry, IMHO)

You are taking a risk with "pornbay" or "sexbay". But only you can answer the question, "is the risk worth it?"

I think you are still taking significant risks with those two, especially if your motivation is to somehow benefit from EBay's trademark. And, if it comes down to litigation, EBay will ask and discover your motivation, including digging up this thread, which sorta proves that you are somehow looking to benefit from the EBay trademark.

My 2 cents is still, why bother? Find a unique name that is not too similar to anyone else's trademark.

Here is your answer:

http://www.yahotties.com/notyahoo.html

even if it was legel, do you have the $ to pay lawyers to back you up?

Ebay is very very active in protecting their name from being used in any domain names. They even go after people that have "bay" in their names.

And since they have like a billion in cash I wouldn't try pushing them :winkwink:

:1orglaugh

I see Napster is doing porn these days.....or could it be someone else?

hehe. i agree with this one!:)

hahaha, ebaysex.com!

Membership to the highest bidder?

If Ebay doesn't get you for IP dilution, you'll probably
be under perment investigation for suspicion of
soliciting.

c2media.com

They have a program that adds a shitload of favourites to your IE, changes your homepage, and a whole bunch of other annoying shit. There's an mp3 one, and an adult one. The porn one is commonly advertised as the "napster of porn"

http://www.napster.com/latest_news.html

The real napster is working towards a membership based peer to peer network, so the record companies stay happy (rich)

"pornbay" or "sexbay" a risk? No chance!
'bay' is a word in the dictionary, and only part of their <i>name</i>.

I know a girl from school by the name of Elaine Bay. I'm wondering if they could touch her for registering ebay.*.

Food for thought.

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.

Yeah, but they would have a hard time getting you for doing this:

EBay is nothing to do with this link. Want proof? Click here!

something like pornbay is a lot safer than pornebay

ok, what if the domain name has nothing to do with ebay but I mention their name in a text on one of the preview pages....

You can do it, but if they find out about it expect a CnD of some sort. Also depending how you use the term ebay it could be worse than a CnD, could get a lawsuit for trademark infringement or defamation or something.

maybe iamnotthehunorebay.net or ebayisnotthehun.net? I see they are registered with no people today

When it gets right down to it, you are facing the possibility of having problems if you try to use the EBay trademark for your own gain in any way whatsoever.

So if, by using the Ebay trademark (or something similar to it) you benefit by more traffic, better SE listings, more sign-ups, increased site recognition or whatever, then you are by definition in violation of their trademark. What you are trying to is impossible really (without any risk); you want to use the EBay trademark to benefit in some way, but by benefitting, you are by definition in violation of their trademark. You are never going to be able to get around that completely.

Like I said before, "Why bother?". There are better ways to make more $$$.

If you're thinking about the connection and you're trying to come up with a name that closely resembles EBAY, then, you've already wasted your time and resources.

I'm not sure why you're wanting a name that sounds lie EBAY, but, everyone has told you it's not a good idea. Brand your site with your own unique flavour. Don't try trading off someone else's.

Is your site going to auction off porn? or porn stars? Is that the relevance of trying to get in bed with the name EBAY?

I said nothing about using the word <small>(bay)</small> to benefit <small>(from ebay)</small>.
Also, where did Goonx say anything of the sort?

mmm, the hypothetical I was contemplating was that she opened a personal site, in no competition to ebay.com.I don't. Trademark violation is not acceptable.

There is one exception to the trademark laws that is interesting, but maybe not that interesting since it won't make anyone here any money... but there was a precedent setting case involving ballyssucks.com (or maybe it was some other extension?). It was a site that a guy ran lambasting Bally's gyms and fitness clubs for an issue he had with them over his membership. That was seen as a fair infringement on the trademark in order to uphold the principle of freedom of speech. For the same principle, news organizations can display and use a trademark in the reporting of news without the permission of the trademark holder, and fuckedcompany.com can mention trademarks in order to discuss and report issues. And indeed this thread would be protected by the constitutional principle of freedom of speech, so our use of the trademark "EBay" here, in this very sentence, is protected.

But, like I said as soon you try to make $$$ by using the trademark or something similar to it you are fucked.

definitely....

From what I've read at IP law sites, if the domain was a PARODY of the trademark, then its okay--the Supreme Court ruled in favor of the rap group 2 Live Crew when they made a version of the Roy Orbison hit "Pretty Woman."

Your case appears to be different though. Instead of "IntelSucks.Com" or "IBMblows.Com" it seeks to piggyback on the trademark for purposes other than satire.

http://www.ebayou.com/ (must be a bunch of cajuns)...

The level of piggy back is what decides the case - use of the word bay would not be enough - there are lots of sites like toolbay.com

Now this could be fair argument http://www.hunsthumbs.com

Can't see the point in leaching a name but some dummies must think its worth the trouble.