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刚注册的域名中碰巧含有ebay这几个字母，收到了易趣的邮件，算侵权吗

这是店大欺客的典型案例。不用管他，就让他采取“补救措施”吧。1，是否构成商标权侵权的事实，必须由司法机构裁决作出认定。一商家那来的权利？难道要搞个财产保全？2，从客观事实上来看，：wusebayin是由汉语结构而形成的规则和含义，与英文结构的ebaysecurities，完全不可同日而言。
■网友
We are writing concerning your registration of http://wusebayin.com which contains the famous eBay trademark.这段说，他们来信和您谈谈您注册了包含 eBay 商标的 http://wusebayin.com 域名这件事情。As you undoubtedly know, eBay is the leading provider of online person-to-person trading services and related goods and services. eBay adopted the name and trademark eBay in September 1995 and, since that time, eBay has actively used the eBay name and trademark in connection with its online trading and related services, including maintaining the web site www.eBay.com. The coined term eBay is one of the most famous trademarks on the Internet. eBay owns exclusive trademark rights to the eBay name in the United States and internationally, including related common law rights. Accordingly, eBay enjoys broad trademark rights in its name.这段是说，您无疑知道，eBay 是个啥，以及他们再告诉您一遍，eBay 是个啥。eBay has made a substantial investment in developing and providing its services. As a result of eBay’s pioneering efforts and its devoting substantial effort and resources to providing only high quality services, the eBay name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.这段就是说，eBay 因为提供高质量的服务，是“驰名商标“。Accordingly, we were concerned when we learned of your registration of the wusebayin.com. As we hope you can understand, protection of its trademarks is very important to eBay. We have filed several successful federal court actions in the United States against companies and individuals employing the famous eBay trademark in their domain names, as well as numerous proceedings before the World Intellectual Property Organization\u0026#39;s arbitration panel. eBay prevailed in each case and the domain names at issue were all ordered to be transferred to eBay.这段是说，因此，他们获知您注册了 http://wusebayin.com 以后很担心。然后又说， eBay 赢得了好几次侵犯商标的域名的纠纷并且那些域名都转移到了 eBay 的名下。In addition to the above, the United States Patent and Trademark Office ("USPTO") has recognized the fame of the EBAY trademark and has, in the past, rejected a number of trademarks that have improperly incorporated the EBAY mark into them (such as "ebaysecurities"). Like your domain name, "ebaysecurities" incorporated the entire eBay trademark, adding only a generic term to eBay\u0026#39;s famous mark. The USPTO recognized that eBay is a famous trademark and denied registration of ebaysecurities. eBay is concerned that any use of the domain name in question, will cause confusion as to whether you or your company’s activities are authorized, endorsed or sponsored by eBay when, in fact, they are not.这段是说， USPTO 机构承认了 eBay 的名望，否决了 "ebaysecurities" 域名。这个域名和您的一样，都是在 ebay 的基础上加了一些字符。eBay 担心您的域名会给用户带来关于您或者您的公司的活动是否得到了 ebay 的授权的困扰。We understand that you may have registered http://wusebayin.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another’s trademark.这段是说，他们了解您可能在不了解该领域的法律的情况下注册了 http://wusebayin.com ，所以告诉您 Anticybersquatting Consumer Protection Act 会给未经授权使用、出售或者提供出售侵犯商标的域名的个人处以最高 $100,000 的罚款。 While eBay respects your right of expression and your desire to conduct business on the Internet, eBay must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply let the domain registration expire. In the meantime, the domain name should remain inactive and should not point to any content.这段很拽,说该域名不能拿来用,不能指向内容,不能出售或者转移，只能静待其过期。（有谁来解释下 eBay 为什么有资格这么说么？）Just to be clear, eBay does not desire to interfere with any legitimate business you may be conducting. We are simply asking that you offer those legitimate services under a name, mark and domain name that is not likely to confuse consumers to believe that your company on one hand and eBay on the other hand are related and/or affiliated.从这段是，eBay说，他们也并不打算干涉或者过问您的合法事情，只不过是在要求您不要试图在网站内容中误导用户，使他们认为您的网站和 eBay 有关。Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.这段是说，请回信告诉他们您会遵从他们的要求，否则他们会“想尽办法采取针对您的补救措施".(话说我也不晓得什么叫做“想尽办法采取补救措施"。不过话说域名已经是您的了，都注册到了，eBay 凭什么跳出来说三道四阿，晕倒。)


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