Pork Scratchins ? any merchants :)

[futureweb]

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I registered itchypig.com & itchypig.co.uk why ?

who knows LOL

any ideas very much appreciated

[Itchy]

I registered itchypig.com & itchypig.co.uk why ?

who knows LOL

any ideas very much appreciated

well i like the 1st name but im not a pig

as for ideas well i suggest erm well erm ..... Custom made pig back scratchers for rich farmers who love their pigs with itchy bits

[futureweb]

lol

thats not a bad idea

[futureweb]

Might use them to re-brand e3ay.com & .co.uk after a recent letter from ebay. The one we all knew would come just waiting on some legal advice.

================================ Letter

Dear Mr Brown

e3ay.com and e3ay.co.uk

We write to you on behalf of eBay international AG and eBay inc (together "eBay"), and are authorised to act on their behalf.

As you are aware, eBay is the world's largest online trading community and the "eBay" mark is one of the most distinctive brands on the internet. The "eBay" mark is extremely well known, both national and internationally and we have a protectable goodwill in the "eBay" mark since 1995 in the US and 1999 in the UK and we now have excess of 157 million members world-wide in 33 different markets. eBay.co.uk is the UK's Largest online market place and is now the UK's Number one e-commerce site(Nielsen Net Ratings, December 2004).

It has recently come to our attention that you have registered the domain names www.e3ay.co.uk and www.e3ay.com (together "the websites") and that services offered by the websites connected to these domain names are those of an online marketplace where the users of the websites can buy and sell various items in various categories. The appearance of the websites, the sale formats that are offered (an 'Auction style format' and a 'buy it now' format called 'buy out'), the ability to leave feedback, the nature of the feedback, i.e. how each user is represented and the general appearance of the website, is confusingly similar/identical to the "ebay" mark and the services offered in conjunction with it. Further, the appearance of the mark "e3ay", is identical/similar to the appearance of the "eBay" mark. It is also noted that you are using the slogan 'Buy IT! Sell IT! e3ay IT!' Which, in conjunction with the mark "e3ay" , is confusingly identical/similar to the 'buy it. sell it. love it' slogan currently employed by eBay. This conduct causes substantial damage to our goodwill and reputation.

We believe that your conduct constitutes the passing off of eBay's mark. This is because, amongst other reasons. eBay has established substantial goodwill and reputation in the eBay trade mark in connection with the provision of an online market place. Further, your conduct, is intentionally or unintentionally, misleading, or having the likely effect of misleading, the public to believe that the services offered by e3ay are, or are connected with, the services of eBay due to the confusingly similar appearance of the website and the name "e3ay". As a result of this , eBay has suffered damage, by reason of the erroneous belief engendered in users that the source of e3ay's services is the same as the source of those offered by eBay.

eBay must enforce its own rights in order to protect its valuable reputation. We therefore insist that you immediately:

1. cancel the www.e3ay.uk and www.e3ay.com domain names;

2. do not register the www.e3ay.co.uk or www.e3ay.com domain name (or register any domain name which is deceptively or confusingly similar to the eBay mark);

3. stop using the word 'e3ay'(or any deceptively or confusingly similar words) on the webpages of the websites;

4. do not embark on any other projects which use confusingly similar processes, techniques and styles as the eBay online marketplace or use the name eBay in any way.

Please send your confirmation that you will comply with our request within 2 weeks of the date of this letter (i.e. by 22 November). We reserve our rights to take further action against you if necessary. Please address all correspondence to XXXXX of this office.

Yours sincerely,

eBay (UK)Ltd.

[SillyJokes]

Well you knew that the letter from eBay was just a matter of time.

Itchy pig products - what about head lice cures?

You do know how to pick 'em!

[stevey]

Might use them to re-brand e3ay.com & .co.uk after a recent letter from ebay. The one we all knew would come just waiting on some legal advice.

Why would you need to take legal advice? You're screwed! Just give it up and move on. Otherwise they'll huff, they'll puff and they'll blow your domains down in a rather itchy pig kind of fashion.

Snort!

stevey

[Ste]

Well if you knew you were waiting for it, why put the site together in the first place!

I had one a while ago, wanting a 3 letter domain name back, was a good name, but trademarked so I guess it served me right. Don’t be fooled by any unjust legal advice or claims your advisors may make, you might end up with more than loosing a few quid for the domain names if you don’t play ball.

Itchy Pig is quite catching name for a media design company!

[SillyJokes]

Let me save you some money.

Forget legal advice - you've been banged to rights and you'd better accept it, let them have what they want and turn your hand to something that does not rip off one of the biggest online companies in the world.

If you quibble they will have you for passing off, damages to their brand and goodness knows what else and rightly so in my opinion.

I don't know what you were thinking even trying such a thing.

[futureweb]

LOL some strong feelings on that one then

I have not set out to pass off as, in anyway shape or form all great things are emulated.

[MobileDealsNow]

Hard luck there futureweb, though I have to agree it was just a matter of time before eBay came-a-knocking

Re: pigs, your domains reminded me of a website here in Ireland - Pigsback.com. It's basically a type of 'My Offers' site but works with brand names in Ireland (North and South) to offer promotions and deals. Also has some promotional ads on radio and local TV here too.

Just something that might get you thinking for ideas on those piggy domains

[Pokerman]

I find it hard to believe that ebay can get away with this.
I understand that the domains are similar, but do ebay own the rights to e3ay?
I wouldn't have thought so.

I would sit it out. Don't make it easy for them.

Always trying to make it hard for the little guy. I hate blue chip companies that carry on like this.

[mibut]

but do ebay own the rights to e3ay?
I wouldn't have thought so.

They might not have done if the sites had different focus and content.
By setting up auction sites, using similar styles and even using the ebay slogan, this is seen as "passing off".
futureweb, I don't know what you were hoping to achieve, maybe you thought they would come along with an offer, butyou do not stand a chance. Give up the domains and move on.
pokerman

I hate blue chip companies that carry on like this.

how would you feel if someone used a domain name almost the same as yours on a site that was almost the same as your "original" idea, I think you would probably be asking on here how you could stop them.

[stevey]

I find it hard to believe that ebay can get away with this.
I understand that the domains are similar, but do ebay own the rights to e3ay?
I wouldn't have thought so.

I would sit it out. Don't make it easy for them.

Always trying to make it hard for the little guy. I hate blue chip companies that carry on like this.

Doesn't anyone here understand domain laws and trademarks? With that attitude you deserve to lose your house in a lawsuit. I think some of you need to read up on this matter and domain name law in general. The small guy/gal hardly ever wins and in this case particularly you are taking the Michael.

stevey

[drivetowin]

I think a fair few of us warned you what ebay would do the first time you mentiioned e3ay on here - and now they have.

Just give the domains up and move on - you will not win against them - and they will sue you for every penny you've got. You 100% will not win regardless of any legal argument - it simply comes down to them being able to afford the most expensive barristers in the business - and to stretch the case out for 2 years if they have to (and 2 years of barristers fees would bankrupt most of us - win or lose)

Dont think they wont because put simply they will - I had a very solid legal argument against a large corporation a couple of years ago (nothing to do with Internet matters) but could not pursue it - why - because the legal bill just for my side would easily have been £100,000 and I aint got that sort of money to throw at a barrister. Yes if I'd won I'd have got that money back and more, but I'm not that much of a gambler that I'll remortgage my house for a bet, however good the odds.

And, as it happens, I reckon they're case against you here is watertight anyway - there is no way you can claim you're not passing off...

[eskimo]

If your canny enough, you could generate some publicity with the ebay issue and try and garner some PR for your next project, of off of the back of it.