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Via email and Federal Express
Dear Sir or Madam:
We are writing concerning your registration and use of the domain name
*******.com which contains the famous eBay trademark.
As you undoubtedly know, eBay is the leading provider of online
person-to-person trading services and related goods and services. eBay
adopted the name and trademark eBay in September 1995 and, since that
time, eBay has actively used the eBay name and trademark in connection
with its online trading and related services, including maintaining the
web site www.eBay.com. The coined term eBay is one of the most famous
trademarks on the Internet. eBay owns exclusive trademark rights to the
eBay name in the United States and internationally, including related
common law rights. Accordingly, eBay enjoys broad trademark rights in
its name.
eBay has made a substantial investment in developing and providing its
services. As a result of eBay's pioneering efforts and devoting
substantial effort and resources to providing only high quality
services, the eBay name and trademarks are widely known among the
consuming public worldwide, and the name and trademarks embody
substantial and valuable goodwill.
Accordingly, we were concerned when we learned of your registration and
use of*********.com. As we hope you can appreciate, protection of
its trademarks is very important to eBay. Your registration and use of
www.******com violates the Lanham Act (15 U.S.C. 1051 et seq.)
because it infringes and dilutes the famous eBay trademark.
Infringement occurs when a third party's use of a company's trademark
(or a confusingly similar variation thereof) is likely to confuse
consumers as to the affiliation, sponsorship or endorsement of the third
party's services. Trademark dilution occurs when a third party's use of
a variation of a company's trademark is likely to lessen the
distinctiveness of the company's famous trademark.
We have filed several successful federal court actions in the United
States against companies and individuals employing the famous eBay
trademark in their domain names, as well as more than six proceedings
before the United Nation's World Intellectual Property Organization's
arbitration panel. eBay has prevailed in each case and the domain names
at issue were all ordered to be transferred to eBay.
In addition to the above, the United States Patent and Trademark Office
("USPTO") has recently denied registration of the mark "ebaysecurities"
by a third party. Like your domain name, "ebaysecurities" incorporated
the entire eBay trademark, adding only a generic term to eBay's famous
mark. The USPTO recognized that eBay is a famous trademark and therefore
denied registration of ebaysecurities. eBay is concerned that your
unauthorized use of the eBay name may cause confusion as to whether you
or your company's activities are authorized, endorsed or sponsored by
eBay when, in fact, they are not.
We understand that you may have registered www.****-****.com without
full knowledge of the law in this area. However, eBay is concerned about
your use of the eBay trademark in your domain name. As you may know,
the Anticybersquatting Consumer Protection Act
(http://www.submerged-ideas.com/litigation/anticybersquat.htm) provides
for serious penalties (up to $100,000 per domain name) against persons
who, without authorization, use, sell, or offer for sale a domain name
that infringes another's trademark.
While eBay respects your right of expression and your desire to conduct
business on the Internet, eBay must enforce its own rights in order to
protect its valuable and famous trademark. For these reasons, and to
avoid consumer confusion, eBay must insist that you immediately stop
using www.******* and disable any site available at that
address. You should not sell, offer to sell, or transfer the domain name
to a third party and should let the domain registration expire.
Please confirm in writing that you will agree to resolve this matter as
requested by November 9, 2005. If we do not receive confirmation from
you that you will comply with our request, we will have no choice but to
pursue all available remedies against you.
Susee Lopez
Intellectual Property Paralegal
eBay Inc.
2145 Hamilton Avenue
San Jose, CA 95125
Direct: (408) 376-8218
Fax: (408) 376-7514
email: susee.lopez@ebay.com
AIM: susyebay
<<Picture (Metafile)>> http://www.ebay.com/
CONFIDENTIALITY NOTICE: This message is intended only for the use of the
individual or entity to which it is addressed, and may contain
information that is privileged, confidential and exempt from disclosure
under applicable law. If you have received this message by error, please
delete if from your records.
[ 本帖最后由 anjing 于 2005-11-21 23:46 编辑 ] |
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发表于 2005-11-21 23:26:24
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