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Posted on 09/06/2002 11:27:44 PM PDT by ledzep75
Spoof site no joke for eBay
A parody Web site called "eGray," which takes aim at California gubernatorial incumbent Gray Davis, has drawn the attention of auction giant eBay--and its lawyers.
"Our attorneys will determine what the appropriate step will be," spokesman Kevin Pursglove said Friday.
The creators of the site--members of Republican candidate Bill Simon's campaign--say they plan to keep eGray.org up and running. The site closely matches eBay's look and feel, but lists "California laws for sale," and accuses Davis of pushing legislation backed by special interest groups who donated to his campaign.
"Want to get rid of the pay-for-play governor? Click here to donate to Simon for Governor," the site reads. Davis campaign representatives did not return calls seeking comment.
The Simon campaign launched the site last week as a political parody, spokesman Mark Miner said. He said they haven't heard from eBay about the site. A disclaimer on the site says it's unaffiliated with eBay.
"This is based on Gray Davis and his administration and no one else," Miner said.
But eBay has long been protective of its distinctive trademark.
"In the past we've taken similar steps when individuals or companies that have attempted to operate trading sites that we believe could dilute or infringe on eBay's intellectual properties," Pursglove said. "The most well known is probably BidBay, but we've also had communication with other sites that attempt to play off the eBay trademark or logo."
Last month, the company sent a letter to gay auction site AlternaBay, accusing the site of infringing its intellectual property. The two sides are still talking about how to resolve the issue, AlternaBay founder Ronnie Rodriguez said Friday. Earlier this year, Lego-trading site Brickbay.com changed its name after receiving a similar request from eBay.
Last year, eBay sued rival site BidBay, accusing it of trademark infringement. The two companies settled in February with BidBay agreeing to change its name to AuctionDiner.com.
"Our track record is pretty solid that we will take actions if necessary," Pursglove said. Despite its success with commercial sites, eBay may have more trouble with eGray since political speech is usually afforded much more protection than commercial speech, experts say.
In 2000, presidential candidate Ralph Nader parodied MasterCard's "priceless" campaign, noted Neil Smith, an intellectual property attorney in San Francisco with Howard Rice. Although MasterCard sued Nader's campaign, the court denied the company's motion for a preliminary injunction against the ads, Smith said. Any challenge eBay makes against eGray is likely to meet the same fate, he said.
"This type of parody use is difficult to stop under the law," Smith said.
Most federal judges are likely to come down on the side of the First Amendment protections on political speech in a case such as this, said Carl Oppedahl, an intellectual property lawyer with Dillon, Colo.-based Oppedahl & Larson. eBay might as well take it with a sense of humor, he said.
"In a way, eBay might find this flattering that they've become the recognized way of making this political point," he said.
So yes, eBay goes after everyone.
However, a eGray.org, I was able to find a good deal on several used sodomy laws, tickets to Hairspray on Broadway, and an old hairbrush.
GET IT ON eBAY!
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Several years ago a gardening/landscaping supply company on Cape Cod had to change its name. It had been called Better Stones and Gardens. You can imagine who sued.
Old Bay has first dibs. /sarcasm
My guess is that the claim is not so much on the word bay but on the similarity of the logo. Here they are side by side:
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The difference between egray and the sites ebay stopped were the other sites were actually auction sites for items, and egray doesn't sell anything. They won't be able to take it down, IMHO.
See also THiS story, from Yahoo! News:KOOL...the more ebay huffs and puffs, the more people will go to the site.
GET IT ON eBAY!
EBay Weighing Legal Options on Site
Fri Sep 6, 7:23 AM ETLOS ANGELES (AP) - The popular auction site eBay is considering legal action against a parody Web site that lampoons Gov. Gray Davis ( news - web sites) and is produced by his opponent's campaign.
Campaign workers for Republican Bill Simon said they plan to keep the Web site, called E-Gray, online.
By purporting to sell favors from Davis, the site is meant to illustrate one of Simon's principal accusations against the Democratic incumbent: that he runs a "pay-to-play" administration that favors those who make large political contributions.
"We think there are numerous differences, one of them being eBay clearly sells products to the public, while Gray Davis clearly sells public policy," said Simon press secretary Mark Miner. "The only similarities there are is they're both sold to the highest bidder. We stand by the Web site."
But with its logo and color scheme, E-Gray is clearly meant to mimic eBay.
"Obviously it has the look and feel of eBay without our permission," said company spokesman Chris Donlay. "Whenever we see a situation like that we always take a good hard look at it.
Davis campaign's press secretary, Roger Salazar, said Simon already has other court cases pending: "I'm not sure they want another."
Simon is scheduled to testify Nov. 8 in the trial of a lawsuit in which he and other investors accuse the government of improperly seizing a savings and loan and costing them millions of dollars.
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On the Net:
EGray.org - California Government at bargain basement prices!
Posted by Ritwngr
On Aug 31 4:43 AM with 6 comments
Krempasky.com ^ | Gray Davisegray.org
Posted by chnsmok
On Aug 31 0:45 AM with 8 comments
krla870.com ^ | Today | http://www.egray.orgeGray.org - government favors at auction prices
Posted by AmusedObserver
On Aug 30 10:38 PM with 35 comments
egray.org ^and
E-Gray:Government Favors At Auction Prices - Gray Davis
Posted by Lady In Blue
On Sep 6 7:33 AM with 8 comments
Simon For Governor.Com ^ | September 5, 2002 | StaffSimon's Delighted but Mum's the Word on E-Gray.com
Posted by sfwarrior
On Sep 6 7:22 AM with 5 comments
www.chronwatch.com ^ | 09/05/02 | Adam SparksSIMON CAMPAIGN ANNOUNCES E-GRAY.ORG WEB SITE
Posted by ElkGroveDan
On Sep 5 0:16 AM with 33 comments
Simon For Governor Web Site ^ | 9/4/2002 | Simon for Governor
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