E-Commerce Times Talkback
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Calling Perry Mason. Wire Clarence Darrow and William Jennings Bryan. All the great
lawyers, real and imagined, please pay attention: Your services and skills will be
required to help sort out eBay v. BidBay, circa 2001.
Indeed, even with all of history's and television's great legal minds at work, this case
will prove a tough nut. Why? Because the justice system and common sense have never had
a lot in common.
Here's a question for everyone. Should Wal-mart sue K-Mart for the "mart" at the end? Both of the stores use block letters, have shopping carts etc. Should Wal-greens sue Wal-mart because they both start with "Wal"? I don't think so. If you cannot tell the difference between the two, you are just as stupid as e-bay for sueing bidbay.
If BidBay's attorney doesn’t understand the Trademark Law concepts of “Trade Dress” or that, the less descriptive your Trademark is to your business, the more rights you will acquire to it's use, then his obvious intention is to rack up billable hours for legal fees. The word "Bay" has never been used in the Auction business, so EBay can easily prove that others who use that word to describe their auction related site are exploiting what they (EBay) have already developed around use of that word.
I have a great idea. Let's get some capital and we'll start selling Coca-Soda or maybe Pepsi-Pop. How far do you think we'd get? BidBay knew exactly what they were doing and should admit it, fix it and move on, if they suffer from it they need to look in the mirror.