what if i co-lo it? does it still apply?

I'd love to countersue but my site is just a discussion forum with no ad banners etc. so there isn't any loss of revenue as i know but the definition i understand. :(

anyhow,

sorry to say although my webhost wanted to stick by me (they personally called in the middle of the night), their attorney has suggested that they pull the plug. so, eBay has one the first round. But stay tuned.

another fantastic idea! will code such when i get a new host.

I think i replied at TAZ

one of the issues is you were using the EBAY logo. Which I am sure pissed them off to a great deal.

it's not the logo, it's the usage of the letters "ebay" in my domain name. hypothetically, if this goes to the supreme court and eBay wins, then all forums such as hondaforums, chevytalk, fordforums, nissanforums, ad infinitum would be pulled because they would automatically be illegal.

personally, my attorneys think they're using trademark law to accomplish the same thing as censorship because if they filed under the right to quelch discussion forums, then it is a whole new ball game with no precedence.

perhaps that is why there are no ebay discussion forums out there? or is there?

It is not just the usage of ebay in the name. chespeakebay.com would be legal.
When you have ebay in your domain and your site is about ebay, regardless if it is positive or negative you are using ebay to refer to the auction site and to draw attention at ebays expense. It is a company protecting their intellectual property.

And before speaking about ebay not being able to hold any rights to the colors.
It is not the colors but how you using them.

Like I said on vBa, I have no interest either way. I'm just expressing an opinion, a discussion. If eBay was to squelch a discussion board, I'd say you have every right to fight and my guess is you could get top legal counsel for free based on the freedom of speech.

If you want to have a discussion board I would think of a different name and look.
The name and look is not going to make or break the site. I think it is going to be the content. Good luck.

Have you tried to do a google search ?

You know what if i were you keep the site up and running as long as you want. Email doesnt prove anything on what is going on with ebay and their trade marks. If they want to contact you they need to send you a signed letter by ebay and their lawyers stating that you cannot use ebay trademark in your domain. So im really considering that email is a scam just to scare you and your host.

no, the email was to me from my host. the host received a DCMA from eBay. i don't know what that acronym stands for and i'm trying to get a copy of it.

Do you know what happens when a Judge awards costs to a company after a legal battle?

It means that yinyang would have to pay for the costs incurred by Ebay in taking the issue to court.

So, if you were him, you would be facing the very real possiblity of thousands and thousands of dollars in legal fees, even if you were to win the case. These fees have already started clocking up, as Ebay has sought legal counsel on the matter.

Regardless of whether or not the site was set up to provoke ebay, it has had that effect, and they are unlikely to back down from the challenge now that they have started the ball rolling.

i guess i read the first post wrong then my mistake but heres the acronym for DCMA two meanings but basicly the samething

DCMA Defense Contract Management Agency
DCMA Defense Contract Management Association

http://www.copyright.gov/reports/stu...executive.html

The Digital Millennium Copyright Act of 1998 (DMCA) was the foundation of an effort by Congress to implement United States treaty obligations and to move the nation's copyright law into the digital age.

Google is your friend.

Digital Millennium Copyright Act (DMCA)