Internet Law 2002 (St. John's) > APPRAISEBAY.COM |
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Rotisserie Question
You have just been contacted by the owner of the domain name APPRAISEBAY.COM. Your new client has received a cease-and-desist letter from eBay, see http://www.chillingeffects.org/domain/notice.cgi?NoticeID=394 , demanding that she cease use of the domain name. Please read the letter, which claims trademark infringement and makes some pretty scary claims about what might happen if she doesn't comply. You don't currently see a website active at the domain name, and don't know what your client's plans are. What questions do you have before your first meeting with the client? What preliminary advice might you offer?
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I would first ask the client what her plans are for the site. Does she currently make fair and legitimate use of the appraisebay name? Does she hold trademark rights More...
First I would ask the client what her plans are for the website. I would also want to know why she chose the domain name she did.
I would advise More...
I agree that using the name "appaisebay" might cause some confusion, and therefore, might make the client liable for trademark infringement. Therefore, I would advise the client to steer away More...
I would want to know my client's motivation and intentions in selecting appraisebay.com. In Panavision International, L.P. v. Toeppen, the court found Teoppen's use to be commercial and thus subject More...
As long as APPRAISEBAY is not actually operating a site then it might as well let EBAY challenge it in court. The worst that can happen is a ruling in More...
Brian has correctly pointed out the fact that Ebaysecurities is closer to infringing upon Ebay than Appraisebay. It can really be considered "appraise" & "bay", and NOT "Apprais Ebay". We More...
My first questions would be: What plans does my client have for this site? Is she planning on using the name to get money from eBay? Is she planning on More...
I would first want to know what types of products and/or services that my client intends to provide. I would have to make a determination as to whether I feel More...
Michael touches on many of the points that I discussed in my answer, so I certianly agree substantially with what he says.
In looking at some of the cases under More...
The three questions I would ask the client would be, 1)what will be on the appraisebay.com website (commercial?), 2) when they registered the domain name, and 3) what their intentions More...
I agree with the fact that the proposed use and/or services to be provided by the "appraisebay" domain name will ultimately decide whether or not the site can be held More...
Since there is currently nothing active at the domain name, appraisebay.com, the first question I would want to ask my client is what her plan is in regard to use More...
The first question would be , what is the purpose of using this particular domain name? If she is planning to use this site to conduct online auctioning then there More...
First I would like to know his plans for the site. What is his intent? Is it to "squat", not doing anything with the site until e-bay notices it, then More...
I guess there would be a few questions that would have to be answered. The first would have to be "why did you choose the name"?, followed by what do More...
All are good questions. I agree that you must determine how your client intends to use the site. I would not say that the law is necessarily in eBays favor. More...
Before meeting with the owner, I would have several questions regarding her use of and intent for choosing this particular domain name. The following is a list of preliminary questions More...
Initially,I would want to know what the website appraisebay.com consisted of: what kind of bussiness or service was being operated from the site. If the client proposed to operate an More...
I think that if the client has a legitimate good faith reason for having appraisebay as her domain name then she should resist eBay's bullying tactics. For eBay to suggest More...
Traditionally, in order to succeed in a Lanham Act lawsuit for trademark infringement the plaintiff must prove: that its mark is entitled to protection, that the defendant uses the plaintiff’s More...
There are many questions that I would want to ask my client concerning the registration of this domain name. First, I would want to know the size and scope of More...
I would begin by asking the owner what her plan is. In order to make good on their threats, eBay would have to prove certain elements. I would ask what More...
I would of course like to know what my client will be using the website for- Namely, whether it's commercial or not. As we've seen from the readings, it's not More...
I agree that before giving any advise, we must know what the client is planning to do with this website. Our client's rights rest in great part on whether or More...