Re: eJay - now to known as Auctions Askew

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: Man, the corporate world is just that-corporate. : Nobody can take a joke. Protecting copyrights and trademarks is one thing- a legal thing. But why can't common sense be applied as well. eJay- It's a goof,plain and simple. Who would confuse it with www.ebay.com (not to promo the site there) Obviously, ebay staff, refering to their "brand", could not be ignorant enough to not realize that the View Askew "brand" has no relation to their autions whatsoever. Yeah I'm just ranting here, but COME ON! I'm so sick of things like this happening. One company threatening another that they stole their idea BLAH BLAH BLAH it sounds like it- the lettering's the same- Jay rhymes with Bay. : Whatever. : IT'S LAME. : *******************Mike : thesoulenigma@hotmail.com : : -------- : : 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

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