If you've been contacted by [email protected] about your domain or website, it may seem like all is lost. eBay is a huge corporation and you a tiny ant in the struggle to promote your business. It may seem unfair that such a large entity cares about your little website — but they do. However, just because you have been contacted and asked to take your site down or give up your domain does not mean that the law is on eBay's side — there are many circumstances under which you are entitled to your website or domain. That's where we come in. Since 2009, we have helped thousands of people with eBay and PayPal problems, and in most cases succeeded on behalf of our clients. Talk to us now, for help!
If you've received a cease and desist letter this means that eBay is alleging that your domain name infringes on theirs. However, just because you have the word eBay in your domain name does not mean that you are infringing. In order to prevail, eBay must establish that:
(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and
(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
(iii) the domain name has been registered and is being used in bad faith
What circumstances are evidence that a domain name has been registered and is being used in bad faith?
Paragraph 4(b) of the UDRP Policy sets out the following examples of circumstances that will be considered by an Administrative Panel to be evidence of the bad faith registration and use of a domain name:
(i) Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of the domain name registrant's out-of-pocket costs directly related to the domain name; or
(ii) The domain name was registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name registrant has engaged in a pattern of such conduct; or
(iii) The domain name was registered primarily for the purpose of disrupting the business of a competitor; or
(iv) By using the domain name, the domain name registrant intentionally attempted to attract for financial gain, Internet users to the registrant's website or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of the registrant's website or location or of a product or service on the registrant's website or location.
The above elements are by no means met in most cases. Consult with us now free to determine what your rights are. If you do hire us, we charge very little — less than you probably spent just to register and host your domain for a few months, not to mention all the time, hard work and planning that has gone into your endeavor. Don't give up without a fight! talk to us now, before you give in.
We're here to look out for you. Consult with us now, for a clearer picture of what your rights are. We can help you save you domain and business, at almost no cost to you.