|
eBay sues CoinBay.biz for trademark infringement |
|
|
|
Written by Felix Da Silva (fdasilva@bitnip.com)
|
|
Friday, 21 December 2007 |
 eBay sued the owner of the CoinBay.biz website for trademark infringement and
unfair competition. The complaint alleges that the CoinBay.biz website name, logo and its "Buy Now"
feature infringes on eBay's copyright.
According to AuctionBytes.com, eBay is asking for injunctive relief enjoining the defendant from using the name and
marks; cancellation of the coinbay.biz domain name registration; and treble
damages and legal expenses.
As we have seen in previous eBay and 'Bay' related cases here.
EBay has for years waged legal fights against Web sites with all sorts of
names that end with "bay." It has closed down AutoBay, RentBay and other sites.
On December 20, Judge Breyer accepted the parties's filing for a stipulation
for final judgement. According to the settlement, the defendant, Bob Martino,
agreed to change the name of his website to CoinDay and to cease the use of the
Buy Now logo and names and marks to which eBay had objected. The "Buy Now" logo is now called "Purchase
Now".
eBay has agreed to
allow Martino to use the URL CoinBay.biz to redirect users to CoinDay.com until
January 14, 2008. Each party will bear its own legal fees under the settlement
terms.
It was a smart move by CoinBay to back down and comply with eBay's requests as eBay is likely to win the case if it went to court. In addition, eBay should be commended for compromising and giving CoinBay time to adjust.
|
