Subject:
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Re: Bad News for Brickbay!?
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Newsgroups:
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lugnet.market.brickshops
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Date:
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Wed, 30 Jan 2002 16:43:39 GMT
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Viewed:
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744 times
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In lugnet.market.brickshops, Josh Baakko 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...
> Josh
I just sent off a message to eBay...
To whom it may concern,
As a concerned person of the internet community, I was most displeased when
I read about your recent 'infringement suit' against another web site called
BrickBay.
Your legal department probably informed you that by just threatening the
suit in the first place would more than likely generate the result you are
looking for--the revolking of their web site name. This is mostly due to
eBay being a multi-national corporation with plenty of resources at your
disposal, and BrickBay being maintained by very few people who can neither
afford the financial outlay or the time to defend their position.
Does that make your claim valid? Yes BrickBay has the name 'Bay' in it.
Will that confuse people? Will the average 'Joe' on the internet confuse
eBay with BrickBay? I think not.
Is it that BrickBay deals exclusively with LEGO Bricks in the same fashion
that eBay deals with almost anything concern you? I believe that many LEGO
auctions have been held on eBay, so this concern is not really valid, either.
If you are protecting a trademark infringement (registered and/or
otherwise), you would have to show that another entity used your trademark.
eBay is not the same word as BrickBay, and should you successfully make that
point, then I believe the Husdon's Bay company was established in 1620 AD
(being the oldest company in North America that still exists to this day).
All three aforementioned companies sell items to the masses (all 3,
coincidentally sell LEGO bricks), so there are many similarities. The
Hudson's Bay Company is not pursuing any action against BrickBay (or for
that matter, against you) so why are you harassing BrickBay?
Please reconsider your actions.
David Koudys
David Koudys - Technical Support Analyst
Laidlaw Education Services, Canadian Region
david_koudys@lpsg.com (905) 336-1865 x512
"My sense of humour is too advanced and avant-garde
for mere members of the public to appreciate"
- Natalie Hurley, Sports Night
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