EBay threatens ShmeeBay

[yoyoyoyo]

Originally Posted by kall

What do you mean by 'not quite'?

Also, I can't be bothered searching an entire site for information on the battle over the domain name, please provide a link.

It's all covered extensively in the FORUMS which chronicle the history of their battle, but suffice it to say that they are still up, and are still using a variation of PayPal's logo 2 years after they got a nasty legal sounding letter from PayPal. I have been a member of the paypalsucks.com forum ever since they opened their doors - there is a lot of good info there regarding Anti-SLAPP laws, etc..

http://www.sucks500.com/lockheed.html

According to ICANN's policies, (quoting from that case):
In order for Complainant to prevail and have the disputed domain name [in this case paypalsucks.com] transferred to it, Complainant must prove the following (the Policy, para 4(a)(i-iii):

1. the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
2. the Respondent has no rights or legitimate interests in respect of the domain name; and
3. the domain name was registered and is being used in bad faith

For point number 1, federal courts have already ruled [quoting from that link] that "sucks" appended to a famous trademark used as a domain name for websites used to discuss or criticize the business of the trademark owner results in a non-infringing and not confusingly similar use of the trademark. (re the domain name <Lucentsucks.com>, Lucent Technologies, Inc. v. Lucentsucks.com, 95 F. Supp. 2d 528, 535, E.D. Va. 2000).

The same logic would apply to "Shmeebay," therefore, since eBay can't show that shmeebay.com is confusingly similar, it has no case.

Be sure to visit the Electronic Frontier Foundation (http://www.eff.org) and read up on "Strategic Lawsuits Against Public Participation" (SLAPPs). Basically eBay is hoping to file suit against you in hopes that your legal costs will become so great that you can no longer afford to defend yourself. (see http://www.eff.org/Censorship/SLAPP/). They know that they have no case against Shmeebay they are just hoping to raise the legal costs so high you cant afford it. Contact someone at the EFF. They have a member supported legal fund that will help you defend yourself, and they have a lot of experience at dealing with things exactly like this. Also I suggest that you read up on the Anti-SLAPP law, and try to use it to your advantage.

Also see:
http://www.bosleymedicalviolations.com/lawsuit.htm
http://bosleymedical.com/

more sites:
http://www.citizen.org/litigation/br...Spch/index.cfm
http://www.casp.net/orglist.html
http://www.cfac.org/