E-Commerce Times Talkback
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Online auction site BidBay.com said Thursday that it has filed a motion to dismiss the
trademark infringement lawsuit recently filed against it by Internet auction giant eBay.
In papers filed in U.S. District Court in San Jose, California on
Tuesday, Tujunga, California-based BidBay contended that the case
should be dismissed for filing in the wrong courthouse, and that
if the case proceeds, it should be transferred to the more
appropriate venue of the federal
district court in Los Angeles.
I saw the ad on T.V. and there was no question in my mind this was ebay, I was amazed to see it was not. I think it is a total infringement on ebay, no question about it.
I registered a domain at CheapestRegistry.com and my site will discuss all the things that suck about ebay.
Trademark infringement? Bullshit. ebay is just using their money to bully the competition.
ARE YOU KIDDING ME!?!?!? These bidbay fools should get their butts handed to them. What kind of fools would infringe in such a way? They not only infringe on the name, but also on the logo design, as well as look and feel. I'm sick and tired of followers that lack creativity who try to cloud prominent companies' brands with their own crap. All this does is hurt the consumer with brand confusion. If I were new to the whole online auction thing and I saw bidbay.com, I could easily mistake it for the brand that I've seen on TV, in print, and heard about through other media angles, also known as ebay. The whole damn thing is a mimic of ebay and it's atrocious. I'm a big believer in brand protection, and these guys are WAY OUT OF LINE!
Maybe ebay can drain their cash reserves with heavy legal bills...in fact, I recommend ebay put more legal resources on the deal so bidbay has nothing left and they get forced out of business. It's disgusting.
If you want to build your own company in the auction space, be my guest, but don't for a second think it's all right to steal another company's brand that they spent years building up. It's poor business, and it's illegal.
Couldn't have said it better myself.
I, too, believe strongly in brand protection. The amount of resources invested in creating and implementing a successful brand such as eBay may be transparent only to the team creating that brand. The rewards - revenues, brand recognition, being a household name - are a result of this investment.
eBay's success is NOT tantamount to a monopoly, as BidBay claims. Just go to any major search engine, enter "online auctions", and see how many sites you get. I got over 23 million.
BidBay made their first mistake in hijacking eBay's brand. As for that "free publicity" they're getting from the lawsuit being "the best thing that's happened to the site" - it's anything but positive. Since when is negative publicity the best thing for a company???
BidBay should be shut down for such blatantly unethical marketing practices.
Of course Ebay will win, irrespective of the "trade dress" issue, i.e., similar "look and feel" of the BidBay site to Ebay. Any intellectual property attorney can explain why, and it's based on strong and existing trademark law. The only kind of attorney who could possibly see it any other way would be one who is not versed in trademark law and is seeking publicity and continued fees for legal services, regardless of the likely outcome for their client.
eBay is running scared Microsoft tactics. There are plenty of suckers out there who will be more than happy to use online auctions on both eBay and their competitors.
All I know is that Fred and Lamont could have turned the Sanford and Son business into pure gold by selling the junk they collected on Scambay and its cousins.