your trading name

wheresmydoshat

oh no, this is nothing to do with search optimisation.

what i'm struggling with is how far removed from "ebay" you need to be for it to be out of reach of them.

here's an example: we-bay-it.com

now thats using the term "bay" and even has "ebay" as well. close to the mark tho ? i don't think so, but then i'm the one who's not sure !

blue_monkey_2

oh no, I would not even touch that, it sounds way too much like eBay. If you have the money to fight it then I's say yes but you'll end up at square one without a name. Why not choose something that is not going to kick up a stink?

I have a business friend in Oz, she set her company up and wanted a name but after googling she found a brand in the UK with the same name. She emailed them and asked if she could name her website and business xx and heard nothing - 3 years later she is embroiled in a bitter and hugely expensive lawsuit over her name that has already been ongoing over a year. They might not find out right away but they might later on and then it'll cost you your business.

Just keep well away and then you'll have nothing to worry about.

At the end of the day you might be right with your name but why take the risk. Unless you can afford it of course. The only people who in cases like this are lawyers.

wheresmydoshat

all very worrying. tho i'm glad i asked, we're still in the very early stages so if we have to decide to change then its not a great problem.

we have other options but we were quite happy with what we had chosen !

blue_monkey_2

It all comes doen to money at the end of the day, they will fight and if you want to fight back you'll need the money to do so, otherwise steer well clear of anything that looks like it might infringe their name.

Good luck in your new business - I hope everything goes well.

wheresmydoshat

thanks, and cheers for all the advice everyone. i know its not easy without the name.

saxoqueen

Give us a clue

jenniewb

tbh I would not want to get on the wrong side of ebay, if they don't like you, they could indirectly make bad things happen to you.

For example, I have in the past reported sellers who use spamming in their selling. I did this becuase I have been reported for doing so and it was my way of getting some sort of justice (why should someone else be allowed when I was not- even though items would say "like xyz" rather then actually "xyz").

However, if I report a business seller or mass seller, my reporting goes nowhere, does nothing, ebay are not on my side.
Could be because I do not bring in to them as much money as the mass/business seller does?

chja

You could not use 'eBay' anywhere in the name. You would also have to be very clear that you are not "passing off" so something like eeBay, iBay, sheBay, etc is likely to get you into trouble.

eBay can not claim the word Bay though - I know of a site that has cargobay' as its sales arm for example.

And ,with the greatest of respect, if it was a name that was going to get the attention of eBayers by being similar but legal, someone else would have done it it by now.

blue_monkey_2

chja wrote: »

eBay can not claim the word Bay though - I know of a site that has cargobay' as its sales arm for example.

It does depend on when the site was set up, if they already had it first they will probabky be OK - hence paypalsucks still going!!

wheresmydoshat

i think following yesterdays discussion i am in a position where i have to have a massive rethink.

"if it was a name that was going to get the attention of eBayers by being similar but legal, someone else would have done it it by now."

your quite right, and in fact, most of the rubbish ones have gone as well ! i don't necessarily need it to attract eBayers tho, just have some relevance.

everything i came up with last night was dreadful, this may take me some time...!

and it was such a shame seeing the name in the banner of the web design when it went to my graphic designers yesterday !