Ebay sues Coinbay
Printed From: CoinForum.com
Category: US Coins & Paper Money
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URL: http://www.coinforum.com/forum_posts.asp?TID=3165
Printed Date: 02 Sep 2010 at 10:44pm
Topic: Ebay sues Coinbay
Posted By: DoubleDie
Subject: Ebay sues Coinbay
Date Posted: 17 Dec 2007 at 10:36am
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Ebay sues Coinbay. Coinbay decided to change their name to Coinday instead of facing ebay in court. I don't know all of the details, but the case should be dismissed according to the site owner. I don't understand this, because Coinbay.com only have a couple thousand auctions, ebay's only complaint it the fact that Coinbay has "Bay" in the name and they used similar color schemes. Why would ebay even bother?
The Lawsuit was for Trademark infringement and dilution.
I wish the guy would have fought this case. IMO how could ebay win this case? It sounds like ebay was counting on Bob Martino not to foot the legal bill to defend itself.
No one can tell me that ebay has a right to every domain name with "Bay" in it. ------------- http://coinauctionshelp.com - My Website CoinAuctionsHelp.com |
Replies:
Posted By: bm1963
Date Posted: 17 Dec 2007 at 1:02pm
He'd a got squashed like a bug.
No, but when it's an auction site, with the same color logo, and the name is half the same, it's extremely obvious (at least to me) that they are trying to ride the coattails of an already successful business. I don't think there's a judge in the world that would see it any other way. The other auction sites that even remotely threaten eBay, the ones that don't infringe on eBay's rights that is, are rewarded heavily. eBay buys them out for about 100 times what they're worth. Everybody's happy. So the bottom line is, if Bob Martino would've had an original thought when he built coinbay, he could be a rich happy man now, instead of a bitter guy changing all his website names. Oh well. |
Posted By: DoubleDie
Date Posted: 17 Dec 2007 at 6:54pm
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Your post exemplifies what is wrong in America. I love ebay, but they should not pick on smaller competition, just be better than the rest, which they are presently.
There is no judge in the world that would have stripped Bob of the Coinbay name. I think I remember a similar case in the past and yes they usually buy out the little guy.
Why would it matter if someone is riding your coattails? Who cares? I'm making millions of dollars and have the best website on the net, I'm ebay, and why should I bother with someone wanting their piece of pie even if they try to be similar to me?
Ebay will always be #1. They where first, and this lawsuit was ridiculas. ------------- http://coinauctionshelp.com - My Website CoinAuctionsHelp.com |
Posted By: bm1963
Date Posted: 17 Dec 2007 at 11:27pm
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They will always be number one because they will always protect the business that they earned. Are you telling me that you don't think coinbay was in any way trying to copy eBay's business model? By all means, blindly stick up for the little guy like everyone else without doing any investigation. Google "adverfax" and check out what else this "little guy" does besides trying to steal profit from someone elses' hard earned business model. Not only does he spam peoples fax machines hard, he's a spammer on the Internet too. I've gotten a 100 spam emails from him to an address that is only used for eBay. He even signed up on this forum and made one post, guess what for? To promote his site..... Spam. In my opinion, he's very unethical, but if you want to stick up for him, go ahead. |
Posted By: DoubleDie
Date Posted: 18 Dec 2007 at 5:32am
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Ebay is #1 because they where first, and is the name people think of as first to sell their goods online. They are first because they made the most money first to put their name out the most.
Not because they protected their business model. Anyone who has an online auction is using ebay's business model.
However, I did check out the adverfax, and he deservers more than a lawsuit.
But I still do not agree with an ebay law suit just because of the name and color schemes. So you can blindly take up for the big guy because they would squash you like a bug, even if you didn't deserve it. ------------- http://coinauctionshelp.com - My Website CoinAuctionsHelp.com |
Posted By: bm1963
Date Posted: 18 Dec 2007 at 1:31pm
Sorry, but that's just silly. First means nothing..... branding, dedication, and smarts do. The branding is what's being threatened hence you see eBay's big stick. Do you think of K-mart before WalMart? I sure as hell don't but K-mart was waaaaaay before them. Walmart crushed them because they spent a ton of money and branded better. If someone opened a store called Malmart and the sign looked very similar, bet the house you'd see Walmart's big stick. And rightfully so. |
Posted By: gxseries
Date Posted: 18 Dec 2007 at 8:19pm
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Tell me, what competition is there in the first place. Coinbay offers nothing better for buyers except for sellers where they can possible run off and scam. How am I supposed to know what I am getting where I get any kind of reassurance of any kind of financial protection? Ebay is getting more dearer but they own paypal and at least I know I can get my money back if there are awful sellers that don't even ship the goods I won. Yahoo Auctions fell even though there was no auction fees. Why did they close down? It's clear who has won the competition. Coinbay? I don't see any advantage.
And yes, coinbay had a bad reputation for spamming - no reason why good businesses have to spam. And I agree, first means absolutely nothing. You might get a headstart but that's all. It's a matter of how well a business continues on with it's marketing strategy. It's like Sony where they used to dominate the portable music industry. Now? Sony refused to go into mp3 format and decided to market it's ridicious atrac format and lost it all.
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Posted By: DoubleDie
Date Posted: 18 Dec 2007 at 9:56pm
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It's not silly at all, and comparing ebay to Coinbay to Kmart and Walmart is silly. Your talking about different formats here. Also, K-mart is not that much older than Wal-Mart, and Sam Walton Traveled all over studying their business model, and actually stole half of K-Marts name.
The reason Walton beat out the competition was his relationships with overseas wholesalers, which allowed his prices to be cheaper than all the rest. I don't care what Wal-Mart did in the past, if their prices weren't cheaper then K-Mart they would be just like Target is today.
Ebay is most successful, not because a person cannot come up with a better or cheaper business model. No, ebay is #1 because that is the name most synonymous with online auctions, and is the first name people think of when it comes to Internet auctions.
Since they came into being in 95' they have been first, and have always been a step ahead of the competition. Not that they where better than Yahoo Auctions, but because ebay became a fad. Of course, it took some genius and innovation, but because they where first, it worked out for them.
Many businesses rely on the fact that they borrowed ideas from those before them. It's a fact of life.
Now what you're telling me is that K-Mart should have sued Wal-Mart for stealing half their name, and their department store business model? ------------- http://coinauctionshelp.com - My Website CoinAuctionsHelp.com |
Posted By: Phoenix21
Date Posted: 19 Dec 2007 at 10:12am
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This whole thing just looks plain silly when you think about it IMO. Phoenix  ------------- ***The Cool One*** |
Posted By: DoubleDie
Date Posted: 19 Dec 2007 at 10:26am
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Yeah, I agree. ------------- http://coinauctionshelp.com - My Website CoinAuctionsHelp.com |
Posted By: Metalman
Date Posted: 21 Dec 2007 at 7:26pm
Actually Sam Walton was successful in a big way because He sold only Made in America products .
Its the Kids who now run the business that went overseas .
I ran my own Business for quite a few years ,, and would be considered a small guy in the business world ,,but I still protected my logo's and business name with a vengence . Those were evidences of my hard work and effort and my reputation hung on them which in business equates to market share and that equates to income .
I can see why ebay protects theirs also !!
------------- Touch Not The Cat Bot A Glove |
Posted By: DoubleDie
Date Posted: 21 Dec 2007 at 9:04pm
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Wal-Mart hasn't sold much "Made In America" products for a long, long time, even though Walton endorsed the idea that buying American products was the savior of the trade deficit. It was not the reason Wal-Mart excelled.
Walton always looked ahead at what might be the latest and inevitable trends, and one of them was importing products. Wal-Mart does this best, and continues this business model.
Walton was all about driving prices down, which was a foreign concept among retailers in the 60's. This is the largest reason why Wal-Mart is and was as successful.
Anyway, back to the topic's subject...
Using similar color schemes and part of another business's name like "Mart", "Bay", or even "E" is not a crime. Many businesses copy from other more successful businesses. I do not think ebay would have won the law suit, but when it comes to money, ebay has the upper hand. Ebay realizes this fact, and played their card well in this instance.
Don't get me wrong, I'm not an ebay or Wal-Mart basher, but I don't have to agree with all the decisions they make. ------------- http://coinauctionshelp.com - My Website CoinAuctionsHelp.com |
Posted By: bm1963
Date Posted: 21 Dec 2007 at 11:26pm
| Hate to break it to you, but they've already won similar lawsuits. |
Posted By: DoubleDie
Date Posted: 22 Dec 2007 at 2:16am
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Here is a link to what you hated to break to me. Ebay wins because they have the monetary and clout advantage.
http://www.msnbc.msn.com/id/21660669/ - http://www.msnbc.msn.com/id/21660669/
I still think it's wrong. One day I went into K-mart, but thought I was in Wal-Mart. I mean people do this all the time... right? This must cost Wal-Mart a lot of money... right? I can see how so many people would make this mistake. lol
Ebay has a weak argument, but they can't own all the rights to the word "Bay". It's a generalized term meaning an inlet on the shore of a sea or lake ; the laural tree; the bark of a dog. Some business with enough money and clout might just win one of these law suits.
Will these companies be next?
Carbay http://www.carbayauction.com/ - http://www.carbayauction.com/
Sellbay http://www.192.com/local/BIRMINGHAM/FURNITURE/SELLBAY_LTD/X616D1A722D654E319ACCA802093B32D7 - http://www.192.com/local/BIRMINGHAM/FURNITURE/SELLBAY_LTD/X616D1A722D654E319ACCA802093B32D7
Cleanbay http://www.cleanbay.com/ - http://www.cleanbay.com/
Cleanbay http://www.cleanbaycleaners.com/ - http://www.cleanbaycleaners.com/
Buybay http://whois.domaintools.com/buybay.com - http://whois.domaintools.com/buybay.com
Auctionbay http://www.auctionbay.com/ - http://www.auctionbay.com/
Store Bay http://travel.yahoo.com/p-hotel-4028368-store_bay_holiday_resort-i - http://travel.yahoo.com/p-hotel-4028368-store_bay_holiday_resort-i https://www.aaautobay.co.za/ -
AA Autobay https://www.aaautobay.co.za/ - https://www.aaautobay.co.za/
Hudson's Bay Company http://www.hbc.com/landing.html - http://www.hbc.com/landing.html
The list goes on and on. Can I buy a vowel? I want an "E". I guess ebay can buy the "E" also. I wont even begin to list all the on-line companies that begin with an E, but there are more than I can count in a week.
Ebay sure has their hands full, but with enough money and clout they can take on the entire Internet. Sure looks like America to me, just sue someone because they may visit another site and think it's your site.
Stupid people. Silly citizens of the world, we need ebay to hold our hand so we don't mistake another site for ebay.
I'm all for ebay sueing a company that uses ebay's trademark illegally, and try to look just like ebay. But just because a person uses Bay in their domain name does not mean they are infringing. I think most of these law suits are won because the owner's of accused sites don't have the money or time to fight back, and/or just sell the domain name to ebay.
Here is a link to perfumebay.com where they lost their law suit. I'm not the only one that feels the way I do. http://www.neowin.net/news/main/07/11/07/ebay-wins-trademark-suit - http://www.neowin.net/news/main/07/11/07/ebay-wins-trademark-suit
------------- http://coinauctionshelp.com - My Website CoinAuctionsHelp.com |
Posted By: justjohn
Date Posted: 26 Feb 2008 at 7:46pm
| if your going to use e and bay in your name set it up for the servers and company to be in Gabralter or Principality of Monaco and tell the bay to pound sand. |
Posted By: luckylukeonline
Date Posted: 21 Apr 2010 at 2:26am
Perhaps Youtube should sue Youporn as well? Afterall, "you" is comment in both site names (not that I'm intimately familiar with either site by the way). 
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