Quote:
Originally Posted by kall
It's a curly one, that's for certain.
There are a few things to take into consideration:
1. Ebay could always take you to ICAAN over your usage of 'ebay' in your domain name.
You have their trademark in your domain name, and your entire site's existance comes from the fact that ebay.com exists, so you could be shown to be gaining from the usage of ebay in your domain title.
2. Your host has Terms of Use that you are required to follow:
So, if ebay can convince them that your use is an unauthorised breach of trademark, they would have the right to pull the plug on your hosting account.
3. If it does come down to a legal battle...what on earth will you do if they are awarded costs? By that I mean, they will have the right to claim for the costs of their time and the time of their lawyers etc, and if granted, you would have to pay. Costs can be awared even if they 'lose' the case.
Also, if there is legal action involving your host, I saw some clauses in there that mean you have to pay towards their costs too.
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not quite. Go to
http://paypalsucks.com and read their legal justification and about their successful legal battle over the domain name, the use of the trademarked name, as well as the logo. Also check out these other sites: # PissOnEbay, BuckCitibank.com!, IntgoldSucks.com, etc..
Don't let eBay bully you - but be prepared to either have a good lawyer friend defend you, or have a lot of $, because once they have you in their sites then you are in for a ride. A winnable ride, but still a ride.