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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 is strictly limited to Lego. Since the target audience is so small
it won't hurt eBay's business. On that grounds they can hardly do anything
against Brickbay, so it's purely the name.
Here's a nice article on domain name trademarks:
http://www.hawaiilawyer.com/articles/domain_article.htm
Personally I never liked the name Brickbay, so I couldn't give toss if it's
changed to Brickshop, Bricknet or setupshoptosellyourabsbuildingbricks.com.
I would give a toss however if the namechange would be because some big
company thinks they can have their way simply because they're big. There's
enough of that rubbish going on and we all know where that can lead....
I think a boycot of eBay is pointless and childish."You don't like me? Well,
than I don't like you anymore...". Does anyone really think eBay care about
a few Lego freaks not using their services?
Duq
Matthew Gerber <matthew@digitaliris.com> wrote in message
news:GqIrH9.EvH@lugnet.com...
> 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 1 Reply:
 | | Re: Bad News for Brickbay!?
|
| (...) Now, see, I think it has a lot to do with the service, maybe even more so than the name. I'm sure eBay does regular sweeps of the Web, WHOIS, domain registrars and such, and looks for *Bay names...mostly assuming that these services ARE (...) (22 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)
|
Message is in Reply To:
| | Re: Bad News for Brickbay!?
|
| (...) Yes, they do...but... (...) 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 (...) (22 years ago, 26-Jan-02, to lugnet.market.brickshops, lugnet.general)
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