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In lugnet.market.brickshops, Calum Tsang writes:
> In lugnet.market.brickshops, Tim Courtney writes:
> > I don't think they have any legal grounds, but IANAL.
>
> Actually, they have plenty of legal ground.
Yes, they do...but...
> I can easily see how Brickbay and EBay (both in online auctions, both
> allowing sellers to auction used toys etc) can be mixed up, at least for a
> judge to rule on.
Perhaps for a lax judge, but you have made a couple of false indications in
your example; Brickbay is not an auction site, sellers do not conduct
auctions there...it is a private commerce site for the buying and selling of
parts at a fixed price, as set by the seller...in fact, it is closer in
relation to eBay's Half.com service.
> I won't comment on whether or not I think it's a valid
> claim, because there's just too much stupidity going on the IP field these days.
Too true...
> > This is silly. eBay is big enough they don't have to whine like this.
> > Their lawyers need something better to do.
>
> Actually, they don't. In a market where almost anyone with a 486, and a
> network connection can duplicate EBay's basic services, it's very important
> that the IP elements EBay does own, including it's name, DNS domain, and
> business processes, be defended at any cost. Otherwise, there's very little
> to differentiate EBay from say, "cBay" or anything else.
And there are far worse, much more blatent offenders out there. A site that
someone posted here a few months ago comes to mind...they claimed it was
very "eBay-like", but was better because they didn't charge listing
fees...they even suggested that we move all LEGO auctions there...when I
checked it out, it was a direct rip-off of eBay, likely stolen source code
page-for-page...very, very sad.
It has been brought up that the "*Bay" naming scheme has been taken and
diluted ad nasueum, but that is to be expected when something becomes as
popular and powerful as eBay has. eBay DOES have a right, and a need, to
persue those instances where their trademark (and in the case of the example
I gave above, their trade dress) is being blatently abused...but in the
great big legal scheme of things, Brickbay simply isn't doing that.
The warning issued to Kevin and the site is just the cost of doing business,
both for him and eBay. Though I support a boycott of eBay for strongarm
tactics (and unfair requirements, like the surrender or expiration of the
Brickbay domain), I do agree that they need to do this type of policing of
their trademark...I just don't believe they have a true case in this instance.
> At that, this is the same as Larry defending his Guild of Bricksmiths
> (tm-just to make his day). If one believes Larry is within his rights to
> defend his trademark and protect it, then you have to support EBay protect
> its trademarks and IP. It doesn't really matter if EBay is a big evil
> company, and Larry is a small but outspoken, ardent supporter of Lego and
> the Lego "community". If I was CEO of EBay (sorry Meg) I'd sue Brickbay to
> the stone age*, my investors would demand it.
I think what I've postulated above covers my general feelings on both the
perceived and actual differences between the GoB stance and eBay's.
Matt
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Message has 2 Replies:
 | | Re: Bad News for Brickbay!?
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| Another ?0,02 worth: I think Matthew has a good point in that the basics of the service are essentially different: Brickbay is not an auctions site. Another point the judge might look at is the fact that on eBay you can sell anything, and Brickbay (...) (23 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)
| | | Re: Bad News for Brickbay!?
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| (...) Ah, yes, I forgot that, right. I think that proves to some degree the association being made. I've only browsed Brickbay occassionally and never bought anything from a vendor on there (I prefer my addictions from local retail :) yet I made the (...) (23 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)
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Message is in Reply To:
| | Re: Bad News for Brickbay!?
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| (...) Actually, they have plenty of legal ground. Again, similarly, I am not a lawyer. (And also a Canadian!) But I have been to lectures about intellectual property, and it is my understanding that trademark infringement is based on similar service (...) (23 years ago, 25-Jan-02, to lugnet.market.brickshops, lugnet.general)
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