Paypalsucks.com?

[unknowngiver]

Hey
how come paypal is not doing anything? Look at this site
paypalsucks.com

They go after pplz who use there TD for good stuff like {Paypalchat} or something...n they do nothing 2 website like paypalsucks.com?

 

[DropLister]

Think about it, if paypal went after PaypalSucks, theyd only be supporting the fact that they suck. The same site would relocate to a name that wasnt TM but similar and be even prouder and more popular than before.

 

[alanchau]

http://www.icannwatch.org/article.pl?sid=05/04/05/0339210&mode=thread

"Sucks" Sites Don't Violate US Trademark Law

We hold today that the noncommercial use of a trademark as the domain name of a website - the subject of which is consumer commentary about the products and services represented by the mark - does not constitute infringement under the Lanham Act.
So says the 9th Circuit in Bosley Medical Institute v. Kremer, decided yesterday.

It's important to keep decisions like this in mind when dealing with WIPO's Borg-like attempts to route around US trademark law by trying to "restate" or "explain" the UDRP, the arbitration-like system which ICANN has imposed on domain name disputes. WIPO is trying to get its arbitrators to think that either they or WIPO are the source of the substantive law that applies in domain name disputes. But that's not what the UDRP says -- it clearly refers to the national law that would be applied against a defendant in a court case. WIPO opposed that rule during the drafting of the UDRP but was forced to accept it. It's been chipping away at it ever since.

 

[JoshHendo]

http://www.icannwatch.org/article.pl?sid=05/04/05/0339210&mode=thread

WOW! That means paypal can't even attempt to get it.... hmm... that gives me some good ideas....

*JoshHendo rushes off to get some www.somethingsucks.com domain names*

 

[deadserious]

Hey
how come paypal is not doing anything? Look at this site
paypalsucks.com

They go after pplz who use there TD for good stuff like {Paypalchat} or something...n they do nothing 2 website like paypalsucks.com?

I'm sure they have tried to. It's just that their attempts to get the site shut down were unsuccessful.

 

[domain4u]

This is the email i got for

http://www.paypal.us 2 weeks ago

Re: www.paypal.us

We are writing concerning your registration and use of the domain name
paypal.us which contains the PayPal trademark.

As you know, PayPal is the leading provider of online payment services.
PayPal adopted the name and trademark "PayPal" in October 1999 and since
that time, PayPal has actively used the PayPal name and trademark in
connection with its online payment and related services, including
maintaining the web site www.PayPal.com. PayPal has devoted substantial
resources to promote its services under the PayPal mark and logo, and
those trademarks embody the substantial goodwill that PayPal has earned
as a result of providing high quality services. In addition to its own
promotional efforts, PayPal has been the subject of numerous unsolicited
articles in the media, including national and international print, radio
and television media highlighting PayPal's pioneering and successful
efforts in online payments. As a result of PayPal's promotional efforts
and the high quality services that PayPal provides, the PayPal trademark
is famous, well known, and viewed favorably by the general public.
PayPal is a wholy-owned subsidiary of eBay Inc. Accordingly, eBay owns
exclusive trademark rights to the PayPal name and trademark in the
United States and internationally, including related common law rights.

We are concerned that your registration of paypal.us will cause
confusion as to whether you or your company's activities are authorized,
endorsed or sponsored by PayPal or eBay. As we hope you can understand,
protection of its trademarks is very important to eBay.

We understand that you may have registered paypal.us without full
knowledge of the law in this area. Your registration of the above domain
name violates the Lanham Act (15 U.S.C. 1051 et seq.), because it
infringes and dilutes the PayPal trademark. Infringement occurs when a
third party's use of another's trademark (or a confusingly similar
variation thereof) is likely to confuse consumers as to the affiliation,
sponsorship or endorsement of the third party's services. Trademark
dilution occurs when a third party's use of a variation of another's
trademark is likely to lessen the distinctiveness of that famous
trademark. Additionally, the Anticybersquatting Consumer Protection Act
(http://www.submerged-ideas.com/litigation/anticybersquat.htm) provides
for serious penalties (up to $100,000 per domain name) against persons
who use, sell, or offer for sale a domain name that infringes or dilutes
another's trademark.

While eBay respects your right of expression and your desire to conduct
business on the Internet, eBay must enforce its own rights in order to
protect its valuable trademarks. For these reasons, and to avoid
consumer confusion, eBay must insist that you immediately cease all use
of paypal.us and not make any future use of the domain name. You should
not sell, offer to sell, or transfer the domain name to a third party
and should let the domain registration expire. You should also not
register any other domain names that infringe the famous PayPal or eBay
trademarks.

Please respond to this email and confirm that you will agree to resolve
this matter as requested. If we do not receive confirmation from you
that you will comply with our request, we will have no choice but to
pursue all available remedies against you.

Sincerely,

Edith
eBay Legal Department

1 email from my lawyer and it shut them up.

i know the owner of paypalsucks.com, there has been 2 attempts to shut both his sites down (www.paypalwarning.com too ) but both unsuccessful.

 

[dsotmoon]

so basically, if i read all that right, you can register any domain with ...sucks.com on the end and as long as its not used for commercial purposes, theres not much they can do?

 

[domain4u]

you shouldn't REALLY be making a profit from it but even if you do its ok, there is NOTHING they can do. Its protcted as freedom of speech and expression.

the email i got is because i have the actual name, not the sucks! so i can't make any profit from it, user any ads what so ever, link it anywhere etc. Else i am in danger of serious case against me.

 

[Sabre]

Wonder if anyone will go out and buy

"NameProsSucks.Com"

:o :p

 

[snareklutz]

Wonder if anyone will go out and buy

"NameProsSucks.Com"

:o :p

Why? Nobody will think Namepros sucks until they get their account suspended.

 

[Veolus]

:D Exactly :lol:

 

[Element]

http://www.icannwatch.org/article.pl?sid=05/04/05/0339210&mode=thread

Wow thanks for that article I always thought it was illegal to do that.

 

[Scorpio]

This is the email i got for

http://www.paypal.us 2 weeks ago


1 email from my lawyer and it shut them up.

i know the owner of paypalsucks.com, there has been 2 attempts to shut both his sites down (www.paypalwarning.com too ) but both unsuccessful.

1 email from your lawyer wont shut them up. They sure got the right on paypal.us and they will take it from you in no time..

 

[mosaic]

o,on time news.
i got googleportal.net/.com and i just host a blog

 

[Dave_Z]

1 email from your lawyer wont shut them up. They sure got the right on paypal.us and they will take it from you in no time..

Not necessarily. As long as you're aware of how this whole business works,
one stands a better chance of keeping it than the "average domain owner"
out there might care to know.

 

[domain4u]

unfortuantly my nameservers are changing and my site is down, but paypal.us had my story how they took $6,000 from me . Froze it for 6 month EVEN thought they say that i no longer have multiple accounts they still froze it for 6month incase they get any backcharges, which is very stupid as alot of the funds was transfered from my own bank anyways, so i backordered paypal.us, and wrote my story there, paypal got very pissed off, sent me so many emails, and even called me once (very very rare!)

I told them untill i get my funds i am holding onto it, when you release my funds they can have the name, my funds are like their business, if i hurt their business by owning that name they hurt me even more by limiting my acount for the wrong reason on the first place... also i got several serious offers on the name, but i rejected them all and told paypal i rejected them, so they dont think i done it for any type of profit.... But anyways i wont go into my story and trash the thread....

 

[unknowngiver]

o kool so i can register paypalisgay.com :p

 

[i386]

PayPal is a registered name. I thought if I went and registered PayPalReallySucks.com, they could shut me down because it has the name PayPal in it.

Besides, I love PayPal.

 

[cyberoptik]

Hey Guys-- That iCann link doesn't work for me.

http://www.icannwatch.org/article.pl?sid=05/04/05/0339210&mode=thread

I get a page not found error. Can you get me a good link? I'm very interested in the article.

 

[shanee86]

Well I wouldn't worry about it. I own http://freephotopost.com and you notice the photopost in it. Well they contacted me and I never replyed nothing back yet. I think I may have replied telling them I knew my rights and would fight them. I am not sure. Dam my memory sucks lol. But anyway I wouldn't worry about it I have owner this site for a long time and nothing.