剛註冊的域名中碰巧含有ebay這幾個字母，收到了易趣的郵件，算侵權嗎？

01-28

我註冊的域名是：http://wusebayin.com 漢字「五色八音」的漢語拼音。
並且也沒打算做什麼電商網站，就是一個藝術機構網站。可是卻因為碰巧含有ebay這幾個字母，收到了易趣的郵件。不知道該如何處理。
郵件全文如下：
We are writing concerning your registration of http://wusebayin.com which contains the famous eBay trademark.
As you undoubtedly know, eBay is the leading provider of online person-to-person trading services and related goods and services. eBay adopted the name and trademark eBay in September 1995 and, since that time, eBay has actively used the eBay name and trademark in connection with its online trading and related services, including maintaining the web site www.eBay.com. The coined term eBay is one of the most famous trademarks on the Internet. eBay owns exclusive trademark rights to the eBay name in the United States and internationally, including related common law rights. Accordingly, eBay enjoys broad trademark rights in its name.

eBay has made a substantial investment in developing and providing its services. As a result of eBay』s pioneering efforts and its devoting substantial effort and resources to providing only high quality services, the eBay name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.
Accordingly, we were concerned when we learned of your registration of the wusebayin.com. As we hope you can understand, protection of its trademarks is very important to eBay. We have filed several successful federal court actions in the United States against companies and individuals employing the famous eBay trademark in their domain names, as well as numerous proceedings before the World Intellectual Property Organizations arbitration panel. eBay prevailed in each case and the domain names at issue were all ordered to be transferred to eBay.
In addition to the above, the United States Patent and Trademark Office ("USPTO") has recognized the fame of the EBAY trademark and has, in the past, rejected a number of trademarks that have improperly incorporated the EBAY mark into them (such as "ebaysecurities"). Like your domain name, "ebaysecurities" incorporated the entire eBay trademark, adding only a generic term to eBays famous mark. The USPTO recognized that eBay is a famous trademark and denied registration of ebaysecurities. eBay is concerned that any use of the domain name in question, will cause confusion as to whether you or your company』s activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.
We understand that you may have registered http://wusebayin.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes 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 and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply let the domain registration expire. In the meantime, the domain name should remain inactive and should not point to any content.
Just to be clear, eBay does not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and eBay on the other hand are related and/or affiliated.
Please confirm in writing 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

這是店大欺客的典型案例。

不用管他，就讓他採取「補救措施」吧。

1，是否構成商標權侵權的事實，必須由司法機構裁決作出認定。一商家那來的權利？難道要搞個財產保全？

2，從客觀事實上來看，：wusebayin是由漢語結構而形成的規則和含義，與英文結構的ebaysecurities，完全不可同日而言。

We are writing concerning your registration of http://wusebayin.com which contains the famous eBay trademark.

這段說，他們來信和您談談您註冊了包含 eBay 商標的 http://wusebayin.com 域名這件事情。

As you undoubtedly know, eBay is the leading provider of online person-to-person trading services and related goods and services. eBay adopted the name and trademark eBay in September 1995 and, since that time, eBay has actively used the eBay name and trademark in connection with its online trading and related services, including maintaining the web site www.eBay.com. The coined term eBay is one of the most famous trademarks on the Internet. eBay owns exclusive trademark rights to the eBay name in the United States and internationally, including related common law rights. Accordingly, eBay enjoys broad trademark rights in its name.

這段是說，您無疑知道，eBay 是個啥，以及他們再告訴您一遍，eBay 是個啥。

eBay has made a substantial investment in developing and providing its services. As a result of eBay』s pioneering efforts and its devoting substantial effort and resources to providing only high quality services, the eBay name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

這段就是說，eBay 因為提供高質量的服務，是「馳名商標「。

Accordingly, we were concerned when we learned of your registration of the wusebayin.com. As we hope you can understand, protection of its trademarks is very important to eBay. We have filed several successful federal court actions in the United States against companies and individuals employing the famous eBay trademark in their domain names, as well as numerous proceedings before the World Intellectual Property Organizations arbitration panel. eBay prevailed in each case and the domain names at issue were all ordered to be transferred to eBay.

這段是說，因此，他們獲知您註冊了 http://wusebayin.com 以後很擔心。然後又說， eBay 贏得了好幾次侵犯商標的域名的糾紛並且那些域名都轉移到了 eBay 的名下。

In addition to the above, the United States Patent and Trademark Office ("USPTO") has recognized the fame of the EBAY trademark and has, in the past, rejected a number of trademarks that have improperly incorporated the EBAY mark into them (such as "ebaysecurities"). Like your domain name, "ebaysecurities" incorporated the entire eBay trademark, adding only a generic term to eBays famous mark. The USPTO recognized that eBay is a famous trademark and denied registration of ebaysecurities. eBay is concerned that any use of the domain name in question, will cause confusion as to whether you or your company』s activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.

這段是說， USPTO 機構承認了 eBay 的名望，否決了 "ebaysecurities" 域名。這個域名和您的一樣，都是在 ebay 的基礎上加了一些字元。eBay 擔心您的域名會給用戶帶來關於您或者您的公司的活動是否得到了 ebay 的授權的困擾。

We understand that you may have registered http://wusebayin.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another』s trademark.

這段是說，他們了解您可能在不了解該領域的法律的情況下註冊了 http://wusebayin.com ，所以告訴您 Anticybersquatting Consumer Protection Act 會給未經授權使用、出售或者提供出售侵犯商標的域名的個人處以最高 $100,000 的罰款。

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 and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply let the domain registration expire. In the meantime, the domain name should remain inactive and should not point to any content.

這段很拽,說該域名不能拿來用,不能指向內容,不能出售或者轉移，只能靜待其過期。（有誰來解釋下 eBay 為什麼有資格這麼說么？）

Just to be clear, eBay does not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and eBay on the other hand are related and/or affiliated.

從這段是，eBay說，他們也並不打算干涉或者過問您的合法事情，只不過是在要求您不要試圖在網站內容中誤導用戶，使他們認為您的網站和 eBay 有關。

Please confirm in writing 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.

這段是說，請回信告訴他們您會遵從他們的要求，否則他們會「想盡辦法採取針對您的補救措施".

(話說我也不曉得什麼叫做「想盡辦法採取補救措施"。不過話說域名已經是您的了，都註冊到了，eBay 憑什麼跳出來說三道四阿，暈倒。)

1.ebay 用了大數據的手段，只要別人註冊了域名里還有ebay幾個字母就會收到郵件，而且是自動發送的，嚇嚇你

2.你的域名跟ebay一點關係都沒有，他們是機器人發的，人工絕對不會根據這個域名發一封傻瓜的郵件，所以儘管用

3,.萬一，萬一他們起訴侵權，不鳥他們