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Thread: Email from X.Commerce, ie, ebay, ie Magento

  1. #1
    Join Date
    Mar 2014
    Posts
    1

    Default Email from X.Commerce, ie, ebay, ie Magento

    Hello all.
    First off, this is a wonderful resource and i wish the site much success.

    I recently received the below email from ebay in regards to my website domain. The domain name contains the use of the brand Magento, which is an ecommerce platform, owned by ebay. I used the website to generate ecommerce business, where i build the ecommerce site on magento.

    Can someone please offer some advice on what i should do in this case?

    ****

    We are writing you from the legal department of eBay Inc., the parent company of X.Commerce, Inc. which was formerly Magento, Inc. X.Commerce, Inc. operates an eCommerce solutions website at the URL [url=http://www.magento.com]Ecommerce Software & Ecommerce Platform Solutions | Magento[/url]. The Magento name and the Magento trademark have been in use at least as early as 2008. The Magento trademark is registered with United States Patent & Trademark Office (Registration No. 3697622) and is on file with various international trademark offices. Today, the Magento platform has users from around the world. As a result of our extensive use and promotion of the “Magento” trademark, it has become well known and, consequently, now enjoys trademark protection in the US and many other countries around the world.

    It has recently come to our attention that you have registered the domain name hiremagentodeveloper.net which closely resembles or incorporates the Magento trademark. We are concerned that the use of hiremagentodeveloper.net infringes and/or dilutes the Magento trademark or constitutes cybersquatting, in violation of X.Commerce, Inc.’s legal rights. Infringement occurs when someone, without authorization, uses a trademark that is identical or confusingly similar to a trademark owned by someone else. Trademark infringement occurs when this unauthorized use confuses consumers to falsely believe that the two parties are related to one-another, or that the true trademark owner is either endorsing or sponsoring the activities of the infringer. Trademark dilution occurs when the unauthorized use is likely to lessen the distinctiveness of the true trademark owner’s famous trademark.

    U.S. federal and state laws, including, but not limited to the Lanham Act and the Anticybersquatting Consumer Protection Act, each provide for serious monetary damages and penalties (up to $100,000) against persons who infringe others’ trademark rights or who use, sell, or offer for sale a domain name that infringes or dilutes another's trademark. Infringers who have been notified that their use is infringing, but do not cease, may also be considered “willful infringers” and could be subject to additional money damages and liability for attorney’s fees. Having received this email, you are on such notice.

    While X.Commerce, Inc. respects your right of expression and your desire to conduct business on the World Wide Web, it must enforce its own rights in order to protect its valuable name and brand, and to prevent consumers from being deceived as to X.Commerce’s affiliation or relationship with other sites, including your site. We appreciate that you may have registered hiremagentodeveloper.net without full knowledge of the law in this area. Nonetheless, under the circumstances, we must insist that you stop using the domain name, not sell, transfer, or offer to sell the domain name to any other person, and simply let the domain name registration expire. In the meantime, the domain name should remain inactive and should not point to any content. You also must not register any other domain names that infringe X.Commerce’s or eBay Inc.’s trademarks.

    Just to be clear, eBay and X.Commerce do not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and X.Commerce and eBay on the other hand are related and/or affiliated.

    Please respond to this email and confirm that you will comply as requested. Thank you for your anticipated cooperation.

    Sincerely,

    Edith
    eBay Legal Department

  2. #2

    Default What did you do?

    Hi

    We have also get same email from ebay.

    What did you do? what did you reply to them

    Please reply.

  3. #3

    Default

    sounds to me like ebay got that one covered by their legal team with registered trademarks and trademark protection. But I wonder if it is just a scare tactic they are using or if they will actually come after you with any lind of legal action. You may want to consult a lawyer on this one if you are not wanting to change your website domain.

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