Power Sellers Unite

psunite · Joined: 27 Jan 2005 Posts: 6213 Location: Columbus OH

SAN FRANCISCO (MarketWatch) -- Online auctioneer eBay Inc. has begun trying to keep other companies from using the rather pedestrian phrases at the heart of its 11-month-old "it" marketing campaign.
The foundation for the new effort was first laid in March, when eBay asked federal authorities to grant it trademarks for the phrases "You Can Get It On eBay" and "You Can Sell It On eBay," in which the word "it" is in three colors, while the rest is presented in black and white.

The San Jose, Calif.-based company is also seeking a third trademark to keep others from using the word "it" when the word appears in the same hues as eBay's marketing material.
Most recently, eBay began defending the trademark-in-waiting in courts. For instance, on Wednesday, eBay filed a trademark-infringement lawsuit against World Auctions Inc., a five-month-old company based in Chicago.

In the suit, eBay alleges World Auctions is a "blatant copycat" because, among other things, it uses the same "it" phrases, and colors the word "it" the same manner as eBay's site or marketing material.
A spokesman for World Auctions did not immediately return an email seeking comment. According to its Web site, the business has 1,000 members that may or may not be actively trading at any one time.

"There are numerous features on this site that are strikingly similar to those of our site," eBay spokesman Hani Durzy wrote in an email.
EBay's latest trademark battle is rooted in how important marketing and branding is for a large swath of companies that mostly exist only on the Internet. Sometimes, a good slogan or catchy ad theme is key to standing out among a crowded field of competitors.

The two phrases eBay wants trademarked, and especially the distinctive way the word "it" is presented, are at the heart of a new and well-received print, radio and TV advertising campaign eBay began last year.

Many of eBay's previous trademark defenses involve use of some version of the company's name, like in July 2001, when eBay settled a trademark-infringement suit against BidBay.com Inc., which ultimately agreed to change its corporate and Web site names to AuctionDiner.com and pay eBay an undisclosed sum.

Earlier, eBay resolved a dispute with an auction site called BrickBay.com, causing its rival to change its name to BrickLink.com. Both companies said that fighting eBay wasn't worth the cost or distraction. EBay remains entangled in a legal case against PerfumeBay.com.
link to news article

Patty00 · Joined: 13 Dec 2005 Posts: 1018

Kind of full of themselves as usual. IT has been used in many advertising campaigns before Ebay discovered the world. 20 years ago I worked for a bank who had a heavy advertising campaign around the word "IT" (for them meaning instant tellers - now called ATM's). We all had to wear buttons saying "Ask me about IT" and there were large newspaper campaigns around it. That's only one - there have been numerous companies along the way who used IT as well. I think they may be in for trouble on this one. They certainly didn't invent the word nor are they the first to ever use it.

mojavelyn · Posted: Tue Sep 19, 2006 2:11 pm Post subject:

Clara Bow, 1930s B actress... The IT Girl!

If anyone has a copyright on the word IT its hollywood...

I can see BAY, barely... I think all the auction sites should come up with a new IT slogan. I don't think they can copyright the word it... if they did, it would nearly have to be taken out of the english language.

Can't you just see some lawyer or judge being sued for using the word IT in a case???

*southie* · Joined: 25 Aug 2005 Posts: 1728 Location: Sunny Florida

HELPPPPPPPP!!!!!!!!!!!

We're running out of English Words!!!!! As far as I'm
concerned --- Webster Dictionary owns the word IT!!!!!

:lol: :lol:

Sharon
Safety Administrator

onepagelane · Joined: 04 Sep 2006 Posts: 47

I'll be copywriting the smiley face soon :D . Get out your check books! :wink:

eeedoggies · Joined: 20 Jul 2006 Posts: 623

ROFL im gonna copyright the word DOG

*southie* · Joined: 25 Aug 2005 Posts: 1728 Location: Sunny Florida

TOO LATE!!!

I'm gonna copyright EVERYTHING under the sun!!!

:shock: :shock: :shock: :shock: :shock:

That way - y'all will OWE me!!

Geesh - doesn't anyone have anything better to do???

:roll: :roll: :roll: :roll: :roll: :roll:

mojavelyn · Posted: Tue Sep 19, 2006 4:28 pm Post subject:

Email this link to Ebay!!! Show them how stupid they are being. All of us!!!

2BOYSandTOYS · Joined: 14 Mar 2005 Posts: 10095 Location: Kansas

Thanks for sharing PSUnite. I'm in agreement with Patty and MO - the word "it" has been used in various advertising and other promotions for much longer than ebaY has been around.

What's most interesting is the request for the copyright isn't the word; it's the phrase(s). Therefore, if they get the approval, any/other variation would then be subject to lawsuit - as the phrase bay is.

It is sad that fees collected from ebaY are used in this manner instead of providing real customer support vs. canned responses for issues. :roll: :roll:

onepagelane · Joined: 04 Sep 2006 Posts: 47

Ebay has great customer support! Who else spends countless hours and tons of dollars teaching their live chat team to type "I feel your pain" in eight differnet languages? :roll:

2BOYSandTOYS · Joined: 14 Mar 2005 Posts: 10095 Location: Kansas

ROFL.....do you think they really do this?!!! :D :wink: :roll:

BHWINC · Joined: 20 Jul 2006 Posts: 53

Here are a few IT's feebay should be tired of hearing by now .
Stick IT
Shove IT
Forget IT

and at last the old classic,

Ebay,
SIT ON IT!

tastefullypasted · Joined: 06 Aug 2006 Posts: 24

BHWINC, you read my mind. The first thing I thought when I read the article was, "I'd like to tell them what they can do with 'it'." LOL

Patty00 · Joined: 13 Dec 2005 Posts: 1018

I used to think feebay was just greedy - now I know the truth - they're just plain stupid!

CrystalStar · Joined: 06 Mar 2005 Posts: 3571

Give em the trademark with the colors they use ONLY. Any other variation by any other company would be free and clear. Who would want to copy that color scheme anyway!!!