ebay想收回我註冊paypalcar.info，說我違反了什麼條例，% n/ Z. U5 u6 o8 \6 i
這種情況誰碰到過？怎麼解決啊？. g8 [& l) n% ]! M2 m; T" S
We are writing concerning your registration of the domain name paypalcar.info whichcontains the PayPal trademark.As you know, PayPal is the leading provider of online payment services. PayPaladopted the name and trademark "PayPal" in October 1999 and since that time, PayPalhas actively used the PayPal name and trademark in connection with its onlinepayment and related services, including maintaining the web site www.PayPal.com.PayPal has devoted substantial resources to promote its services under the PayPalmark and logo, and those trademarks embody the substantial goodwill that PayPal hasearned as a result of providing high quality services. In addition to its ownpromotional efforts, PayPal has been the subject of numerous unsolicited articles inthe media, including national and international print, radio and television mediahighlighting PayPal's pioneering and successful efforts in online payments. As aresult of PayPal's promotional efforts and the high quality services that PayPalprovides, the PayPal trademark is famous, well known, and viewed favorably by thegeneral public. PayPal is a wholy-owned subsidiary of eBay Inc. Accordingly, eBayowns exclusive trademark rights to the PayPal name and trademark in the UnitedStates and internationally, including related common law rights. We are concerned that your registration of paypalcar.info will cause confusion as towhether you or your company's activities are authorized, endorsed or sponsored byPayPal or eBay. As we hope you can understand, protection of its trademarks is veryimportant to eBay. We understand that you may have registered paypalcar.info without full knowledge ofthe law in this area. Your registration of the above domain name violates the LanhamAct (15 U.S.C. 1051 et seq.), because it infringes and dilutes the PayPal trademark.Infringement occurs when a third party's use of another's trademark (or aconfusingly similar variation thereof) is likely to confuse consumers as to theaffiliation, sponsorship or endorsement of the third party's services. Trademarkdilution occurs when a third party's use of a variation of another's trademark islikely to lessen the distinctiveness of that famous trademark. Additionally, theAnticybersquatting Consumer Protection Act (http://www.patents.com/acpa.htm)provides for serious penalties (up to $100,000 per domain name) against persons whouse, sell, or offer for sale a domain name that infringes or dilutes another'strademark. While eBay respects your right of expression and your desire to conduct business onthe Internet, eBay must enforce its own rights in order to protect its valuabletrademarks. For these reasons, and to avoid consumer confusion, eBay must insistthat you not make any future use of the domain name. You should not sell, offer tosell, or transfer the domain name to a third party and should let the domainregistration expire. You should also not register any other domain names thatinfringe the famous PayPal or eBay trademarks. Please respond to this email and confirm that you will agree to resolve this matteras requested. If we do not receive confirmation from you that you will comply withour request, we will have no choice but to pursue all available remedies againstyou. Sincerely,EditheBay Legal Department |
發表於 2007-8-17 13:20:03
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