Posted by Ming at bgp571923bgs.eatntn01.nj.comcast.net on March 25, 2002 at 18:18:56:
For anyone one out there who's been paying close attention to the
little auctions we've been running here - or to you pervs who only go
there for the photos - eJay will now be known as 'Auctions Askew'
This is due to an e-mail that we received from the eBay legal
department regarding the use of a logo which was similar to theirs.
The e-mail reads as follows:
--------
Date: Mon, 18 Mar 2002 14:56:20 -0800
From: "Healy, Brett"
To: "'ming@viewaskew.com'" ,
"'webmaster@viewaskew.com'" ,
"'viewaskew@viewaskew.com'"
Subject: RE: Unauthorized Use of eBay's Intellectual Property on
VIEWASKEW
.COM
Hello,
We wrote to you over a month ago (see below) about the "e-Jay"
auction
section of your website. We haven't received a response and the
e-Jay logo,
which mimics the famous eBay logo, remains featured on your
homepage and
many other pages.
While we have a sense of humor and I'm personally a fan of Kevin's
films
(I'm originally from NJ), the use of the "e-Jay" name and logo must
stop.
As the owner of some valuable intellectual property yourself, I'm sure
you
can understand that the owner of a famous trademark must protect it,
no
matter how innocuous the infringing use may seem. Yours is not a
case of
pure parody; you are using a confusingly similar version of the eBay
trademark to sell your products for profit. This could lead to
consumer
confusion and to a dilution of the eBay brand.
I truly hope that we can resolve this quickly and amicably. Please let
us
hear from you by March 20, 2002. If you would like to discuss this on
the
phone, please let me know how to reach you.
Thanks,
Brett Healy
Intellectual Property Counsel
eBay Inc.
-----Original Message-----
From: Pub-Enforcement
Sent: Thursday, February 21, 2002 4:57 PM
To: 'viewaskew@viewaskew.com.'
Subject: Unauthorized Use of eBay's Intellectual Property on
VIEWASKEW.COM
Dear View Askew:
We recently learned that elements of the site operated at
http://www.viewaskew.com/cgi-bin/auction.pl mimic the famous eBay
logo and
trademark.
As you are aware, eBay is a leader in person-to-person online
trading.
eBay adopted the name and trademark EBAY in September 1995,
and since that
time eBay has actively used both the name and trademark EBAY in
connection
with its online trading and related services, including maintaining the
web site www.ebay.com . eBay owns
numerous
trademark registrations in the U.S. and internationally, including
related
common law rights, for the EBAY word mark as well as the distinctive
design and colors featured in the well-known eBay logo.
eBay has made a substantial investment in developing and
providing its
services and has acquired a tremendous amount of goodwill and
brand equity
in the EBAY name and logo design. The commercial nature of your
auction
activities precludes any argument that your use of "eJay" and the
corresponding logo is a fair use. While we respect your right to
conduct
business on the Internet, we must protect our valuable logo and
associated
goodwill. We request that you immediately cease all use of the name
"eJay"
and the imitative logo on your site.
We look forward to your written confirmation that you will resolve this
matter as requested. Your prompt attention and response to this
matter
will prevent the need for further action.
Sincerely,
Edith
eBay Legal Department
-----------
No need to flame eBay or send them nasty e-mails - as ludicrous as
this charge may be - were working this out amicably. If you'd like to
send them an intelligently worded letter of diagreement - the e-mails
are above.
Thanks