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Posted at August 8, 2003, 1:57 pm: http://www.auctionbytes.com/cab/abn/y03/m08/i07/s02 The problem is not trademark law. The problem is over-zealous interpretations of trademark law by corporate marketing departments. Under trademark law, you can lawfully use somebody else's trademark to identify your own products or services if (1) there is no other practical way to identify what you are selling, and (2) you use as little of the trademark as you reasonably need, and (3) you do not mislead the public into thinking that you have the trademark owner's sponsorship or endorsement. Under this principal of trademark law, known as "nominative fair use", Courts have allowed a former Playboy Playmate to use the "Playboy" and "Playmate" in metatags and a Beanie Baby reseller to use "beaniebabies" in a domain name. A Court would most likely allow John Corea of AuctionSageSoftware.com to promote his software for eBay sellers by using "eBay" as a Google search term if John can show that: (1) There is no other practical way to identify his product (sounds like a no-brainer); (2) He is using as little of the trademark as he reasonably needs (plain text, not eBay's multi-colored logo); (3) He does not mislead people into believing he has Bay's sponsorship or endorsement (a disclaimer is not necessary but might be helpful). One more thing. If someone at eBay is claiming the right to stop others from using "auction web sites" as a search term, they are even further off the mark. The words "auction web sites" do not appear to be Federally registered trademark of Ebay, Inc. (their former "auctionweb" trademark is listed as abandoned). Furthermore, as a generic term, "auction web sites" is probably not subject to trademark registration. The irony is that, if eBay were to prevail in their threats, if would damage their business model. Every minute of every day, people are searching eBay for the names of products and services owned by others. Lucky for eBay, the principal of nominative fair use gives them the right to do so. Les BlackLeslie F. Black, President TrademarkPower Trademarks & Branding for the Online Entrepreneur www.TrademarkPower.com Original of the message was taken from http://www.auctionbytes.com/forum/phpBB/ Replies:http://www.Tabberone, you are a hero. No matter what anyone might say, eBay is still a four letter word. Is this person approved with the Ebay's API system?? Quote C... Most web sites jump through hoops trying to get exposeure through the ... I agree with you, LovePotions, that API's help solve a problem. I have been thinking of selling T-shirts with images and text that sat... Right you are Les! If this is the future, then might there soon come... Other Topics of AuctionBytes:Identifying / Pricing marblesError Message when Uploading Image for AD EPIER FLEXING MUSCLE 560,000 ITEMS LIST MOST & GET $100. 10ยข Listing Day for all auction style items on eBay on 5/17 Looking for store Operator Do 78 rpm records sell??? Auctionbytes Resource Links (Growing!) The end of Paypal - lets hope so!!! Should eBay eliminate sniping? Pierced spoon help needed Alternatives to Paypal for Merchant Account? Problems with Ebay today? MOST POPULAR SHOPPING SITES eBay Announcing 3rd Quarter Results Thursday (10/17/02) Best Ebay Shipping Method ?? Listing new book on Amazon not easy or without cost Clicksor Interface Change Looking for Mister Lister Composer Need tips on how to use Ebay to advertise my own site Auction Monitor software(from Black Magik) help for Mac Professional auction service events: at what cost? Costume and Vintage jewelry Hard to find Internet Phone Numbers Can ANYBODY TELL ME A GOOD Dropshipper? Bought these at a gun auction today of all places Selling family on ebay bidonmusic.co.uk - Current listing Comics Vlaues eBay 50 Cent Insertion Fee Promotion - Tuesday March 23 Anthropodermic Bibliopegy ? "One World-One Language" concept around the globe Catch Of The Day ? Thoughts on 3,5, and 20 minute auctions Punch Bowl Hooks? Should I quit Ioffer? How about an article on how to start an online auction site? Another Linen question - Name this technique! What happened to eBay's top seller glacierbaydvd ? EBAY Vacation Button and more Why It's Important to Help Overstock Help Us The New Yahoo Countdown Clock |