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Ask HN: Ebay Threatens to sue me. What should I do?

3 points by barterbay ↗ HN
Recently I received an email from a law firm that says they represent eBay. The first part of the email talks about how famous eBay is. Then they went on to saying I am free riding on eBay's fame by combining "barter" with "bay".

I think they found me because I applied for a trademark for the name "barterbay". Nevertheless they say they will take legal actions if I don't do the following:

"* 1) expressly abandon your pending application for trademark. 
 * 2) cease use of BARTER BAY or similar names, including as a business name, trademark, trade name, domain name, on any website, and in any marketing materials; 
 * 3) cease use of the BARTERBAY.CA domain name and transfer your registration for that domain name to eBay; 
 * 4) cease use of BARTER BAY or similar names on any social media accounts and cancel all related social media accounts ; * 5) remove your mobile applications from the Google Play and iTunes stores; * 6) refrain from using or seeking to register any other name or trademark combining a generic or descriptive term with the term BAY; * 7) provide written acknowledgement of, and agreement to comply with, these demands
"

I never intended to free-ride on eBay's fame. Barter Bay is an online platform for locals to buy, sell, and most importantly barter goods and services. The idea of connecting bartering communities and our trading deck feature came to me during my last year of university, and the name was thought out together with fellow classmates. The reason we use "bay" is because our website and app uses a pirate/sailor theme, illustrating the old times when ships travel from island to island bartering goods. Our logo is a whale with a leaf-like tail symbolizing the importance of waste conscious for our environment.

My team and I spend a lot of time and money in our app. I am not sure if I should reply this email. Should I comply? =/

5 comments

[ 2.3 ms ] story [ 23.6 ms ] thread
slater
eBay could probably make a vague case of infringement, BUT:

Talk to a lawyer, not randos on HN ;)

wmf
Consult your lawyer, not HN.

(And if you spent a lot of time and money on your app, I hope you spent a little time and money upfront doing some legal due diligence.)

IMNAlawyer
Copyright trolls do this all the time, throw it at the wall and see if it sticks. EBay does not own the word "Bay" just like itunes does not own the word tunes, just like you or I dont own the word "word". dont respond or capititulate, you should have a lawyer to begin with for any business so talk to that individual and they will likely laugh at the attempt to derail, a competitor with low substance threats.
Someone
”just like you or I don’t own the word "word".”

No, Microsoft owns that (in the context of “Office software”)

eBay similarly could hold trademarks for the use of “barter” and/or “bay” in the context of online auctions.

[dead] cordonbleu
or is it actually MSWord that microsoft owns? this is the nature of TM issues, a trademark cant however disable someone from using common speech. this whole thing would hinge on a reasonable person not being able to distinguish the "eBay" from the "Barter Bay". if Barter Bay is used in text or asset to mislead a user into thinking they are on eBay's barter area then there is a problem. The Barter Bay page looks nothing like an eBay asset. I believe the real attempt is to financially exhaust this fellow in court to win de-facto regardless of legal loss or win. [addendum] easy fix/dodge would be a migration to 13arter 13ay or something like that.