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Thread: I found this eBid app on Google Play, not good.

  1. #1
    Forum Master Posbear's Avatar
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    Default I found this eBid app on Google Play, not good.

    This is unbelievable, using eBid's name and getting bad reviews.

    https://play.google.com/store/apps/d...dder.myebidder
    Graham


    Life is not about waiting for the storm to pass, it is about learning to dance in the rain.

  2. #2

    Default Re: I found this eBid app on Google Play, not good.

    I think this is a auto bidder for the bay. Here's the title description "eBid for eBay" Here's the intro line "Don't waste your time waiting for the ebay auction to finish. With the free eBid application you just need...ect." Not an eBid app for eBid. Poscar's right...bad reviews and a infringement I think.
    Last edited by CopperLocker; 25th May 2014 at 10:17 PM.




  3. #3
    Forum Saint astral276's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    I think it is widely accepted that eBid was maybe not as good choice of name for the site. It is rather a too obvious choice for anyone naming something that involves online bidding. Google eBid and there are many sites around that go by that name; some involved with online selling and some not.

    I'm not aware that there is any protection in place for the eBid name (or even what protection is possible). As long as a site is not 'passing off' (capturing a moron in a hurry) then there is little that can be done about someone using the same name.


  4. #4
    Forum Saint Gill's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    The eBid trademark is registered but the eBid name isn't???
    Gill (pronounced Jill) "Have nothing in your house that you do not know to be useful, or believe to be beautiful" William Morris 1834 - 1896

  5. #5
    Forum Saint astral276's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Quote Originally Posted by Gill View Post
    The eBid trademark is registered but the eBid name isn't???
    Can you register the name (i.e. the actual word eBid) for protection? Even where 'protection' exists you have to have the financial resources to enforce that protection.


  6. #6
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    Default Re: I found this eBid app on Google Play, not good.

    There is "trade name" protection and "service mark" protection. Can be done on a "shoe string budget" or at great cost.

    This conversation has occurred before. eBid, does not appear to be protecting their name; nor do they seem bent out of shape to do so. That is their decision to make. I have noticed "copy write" notices in some places, but that is not the same as trade/service mark protection.

    From my understanding, the older "red logo" has service mark, but not the newer purple logo. All of these things have to be decided by eBid.

  7. #7
    Forum Saint astral276's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Quote Originally Posted by burgyeb View Post
    There is "trade name" protection and "service mark" protection. Can be done on a "shoe string budget" or at great cost.

    This conversation has occurred before. eBid, does not appear to be protecting their name; nor do they seem bent out of shape to do so. That is their decision to make. I have noticed "copy write" notices in some places, but that is not the same as trade/service mark protection.

    From my understanding, the older "red logo" has service mark, but not the newer purple logo. All of these things have to be decided by eBid.
    I have to admit that this subject has a complication level greater than I am willing to get to grips with.

    There are, however, enterprises that have been running as long as eBid, and some even longer, with the word eBid in their business name. Could our upstart eBid now come along and lay claim to the name and prevent those others from using it anymore? Wouldn't those others have something like 'prior rights'?

    I can see how you could protect the logo, but not the word. While (if you had the money) I could see you could make a case against someone setting up a rival auction site called eBid, I can't see that you could make a similar case for simply using the word eBid in a non-passing off way (e.g. eBid Surgical Supports Ltd.).

    There was a case during the London Olympics of the burger chain McDonald's stopping a local restaurant with the same name (named after the owner) from continuing to use it. They did that by financial attrition though rather than on a solid legal basis, i.e. threatening to drag them through court proceedings until they ran out of money. Justice siding with those that can afford it.
    Last edited by astral276; 26th May 2014 at 01:22 AM.


  8. #8
    Forum Saint astral276's Avatar
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    Default Re: I found this eBid app on Google Play, not good.



  9. #9
    Forum Saint burgyeb's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    Quote Originally Posted by astral276 View Post
    I have to admit that this subject has a complication level greater than I am willing to get to grips with.

    There are, however, enterprises that have been running as long as eBid, and some even longer, with the word eBid in their business name. Could our upstart eBid now come along and lay claim to the name and prevent those others from using it anymore? Wouldn't those others have something like 'prior rights'?

    I can see how you could protect the logo, but not the word. While (if you had the money) I could see you could make a case against someone setting up a rival auction site called eBid, I can't see that you could make a similar case for simply using the word eBid in a non-passing off way (e.g. eBid Surgical Supports Ltd.).

    There was a case during the London Olympics of the burger chain McDonald's stopping a local restaurant with the same name (named after the owner) from continuing to use it. They did that by financial attrition though rather than on a solid legal basis, i.e. threatening to drag them through court proceedings until they ran out of money. Justice siding with those that can afford it.
    The name "the word" eBid could be protected in conjunction with the logo/slogan. Should probably consult with a trade mark attorney. Anyone attempting to use the name eBid with their logo, after trademark protection is acquired, could be liable. A branding slogan could be service mark protected. Not sure if they have an approved slogan. If all of those other "eBids" are not trademark protected, they can not do anything, even if they were around longer.

    McDonald's is heavily protected. "Justice" will often side with those that can afford it; but also with those who know what they are doing." It is ok not to have all the answers, just get hooked up with those who have those answers.

  10. #10
    Forum Saint astral276's Avatar
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    Default Re: I found this eBid app on Google Play, not good.

    The link I gave above states (points of interest in bold):

    Subject to any earlier rights which may be established, registration of a trade mark gives the owner a right to exclusive use of the mark in respect of the goods or services registered. The owner can sue for infringement of his registration if someone else uses the same or a similar mark on the same or similar goods or services.

    So 'prior​ rights' could be a factor, and (as per my comment) using the same protected name on an unrelated venture could see that protection inapplicable.


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