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In lugnet.market.brickshops, William R. Ward writes:
> "Josh Baakko" <shi_web@hotmail.com> writes:
> > I see no one has yet posted it here... I think:
> > http://www.brickbay.com/message.asp?ID=5443
> >
> > Looks like Brickbay may have to move!?
> >
> > Conserned Brickbayer, Boycotting eBayer...
>
> Ever since I first heard of Brickbay I have been wondering why this
> hasn't happened sooner. It's so obvious that if there was no eBay,
> BrickBay would never have been called that. It's clearly a trademark
> violation.
>
> But as I posted on the forum there, don't give up without a fight - if
> eBay wants BrickBay to cease and desist, the least they can do is pay
> for it. I think the BrickBay admins should sell the domain to eBay
> for a big chunk o' change, and then buy a new domain with the
> proceeds. Compared to the cost of a legal battle, it'll be cheap for
> eBay to do.
>
> --Bill.
Whatever they do, DO NOT offer to sell them the domain. That sort of behavior
is one of the reasons the UDRP process has to determine if you registered the
name in "bad faith."
My personal opinion is that Brickbay does not infringe on eBay's trademark at
all. It is clearly quite different, and involves a different market. However,
eBay seems to have been winning a number of these cases, as have many others
such as AOL in the AIMSTER case. I find it an annoying trend that the US courts
are allowing trademark holders to assert a trademark right simply in evoking a
thought of the trademark holders mark. (Brickbay, I think, clearly does this.)
However, trademark law is only there to prevent consumer confusion, not to give
corporations the right to bully anyone who uses some common catch phrase (as I
think xx-bay) has become. I for one have never been confused.
the Bickbay staff has to do what they think is best. I would try to find a
lawyer who would work for free and fight them, but then they might not even have
time for that.
-Alfred
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Message has 1 Reply:
Message is in Reply To:
 | | Re: Bad News for Brickbay!?
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| (...) Ever since I first heard of Brickbay I have been wondering why this hasn't happened sooner. It's so obvious that if there was no eBay, BrickBay would never have been called that. It's clearly a trademark violation. But as I posted on the forum (...) (23 years ago, 25-Jan-02, to lugnet.market.brickshops)
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