Spoof site no joke for eBay

CNET News.com ^ | September 6, 2002 | Troy Wolverton

[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.

[Bloody Sam Roberts]

I haven't read all replies on this thread...so if I'm stating the obvious or being redundant, I apologize. But,

Think maybe the folks that run eBay are Davis supporters?

[bonesmccoy]

Tell EBay to take a hike. E-Gray is a site for political speech and is not an auction site. EBay's copyright is limited by their area of commerce. I could create an EBay site and so long as it is not conducting the same business and does not duplicate the look & feel of the eBay site, it would be fine.

Looking at the PTO website, the PTO database reveals that EBay has several trademarks on their logo and the page layout.

Presented by the Federal Election Commission

Individual Contributions Arranged By Type, Giver, Then Recipient

Contributions to Political Committees

OMIDYAR, PIERRE
LOS GATOS, CA 95032
EBAY

GREENWOOD, JAMES C     VIA GREENWOOD FOR CONGRESS
	11/03/2000	1000.00	20036542375

OMIDYAR, PIERRE
LOS GATOS, CA 95032
EBAY INC./FOUNDER & CHAIRMAN

GORE, AL     VIA GORE 2000 INC
	01/13/2000	1000.00	20990045198

OMIDYAR, PIERRE
LOS GATOS, CA 95032
EBAY.COM

BERNSTEIN, ED     VIA A LOT OF PEOPLE SUPPORTING ED BERNSTEIN
	10/27/2000	1000.00	20020441078

OMIDYAR, PIERRE
LOS GATOS, CA 95032
EXECUTIVE

BUSH, GEORGE W     VIA BUSH FOR PRESIDENT INC
	07/08/1999	1000.00	99034852047

OMIDYAR, PIERRE
LOS GATOS, CA 95032
SELF-EMPLOYED (SAME)/INVESTOR

EBAY INC-COMMITTEE FOR RESPONSIBLE INTERNET COMMERCE
	10/29/2001	5000.00	21990599891

OMIDYAR, PIERRE M
LOS GATOS, CA 95032
EBAY INC

EBAY INC-COMMITTEE FOR RESPONSIBLE INTERNET COMMERCE
	07/10/1999	5000.00	20035260214

OMIDYAR, PIERRE M
LOS GATOS, CA 95032
INTERNET

SOBHANI, S ROB     VIA ROB SOBHANI US SENATE
	10/29/1999	1000.00	20020061462

OMIDYAR, PIERRE M
LOS GATOS, CA 95302
EBAY INC

DEMOCRATIC CONGRESSIONAL CAMPAIGN COMMITTEE - CONTRIBUTIONS
	10/17/2000	5000.00	20036392376

OMIDYAR, PIERRE M. MR.
LOS GATOS, CA 95032
EBAY INC./CHAIRMAN OF THE BOARD

EBAY INC-COMMITTEE FOR RESPONSIBLE INTERNET COMMERCE
	03/08/2002	5000.00	22990776355

Total Contributions:    25000.00

Joint Fundraising Contributions

  These are contributions to committees who are raising funds to be distributed to other committees. The breakdown of these contributions to their final recipients may appear below

OMIDYAR, PIERRE
SAN JOSE, CA 95125
E-BAY

CALIFORNIA VICTORY 2000
	12/06/1999	25000.00	20020022711

Total Joint Fundraising:    25000.00

Recipient of Joint Fundraiser Contributions

  These are the Final Recipients of Joint Fundraising Contributions

OMIDYAR, PIERRE
SAN JOSE, CA 95125
E-BAY

DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE
	12/06/1999	20000.00	20020023000

OMIDYAR, PIERRE M
LOS GATOS, CA 95032

FEINSTEIN, DIANNE     VIA FEINSTEIN FOR SENATE
	12/06/1999	1000.00	20020082423
	12/06/1999	1000.00	20020082423

***********************************************************

Presented by the Federal Election Commission

Individual Contributions Arranged By Type, Giver, Then Recipient

Non-Federal Receipts "Exempt From Limits"

WHITMAN, MARGARET C MRS
MENLO PARK, CA 94025

2001 PRESIDENT'S DINNER - NON-FEDERAL INDIVIDUAL
	06/28/2001	25000.00	21037290215

Total Soft Money:    25000.00


Contributions to Political Committees

WHITMAN, MARGARET
ATHERTON, CA 94027
EBAY INC./CEO

EBAY INC-COMMITTEE FOR RESPONSIBLE INTERNET COMMERCE
	05/09/2001	5000.00	21990135456

WHITMAN, MARGARET
SAN JOSE, CA 95113
EBAY INC./CEO

GOODLATTE, ROBERT W     VIA BOB GOODLATTE FOR CONGRESS COMMITTEE
	05/28/2002	1000.00	22991400101

WHITMAN, MARGARET
SAN JOSE, CA 95125

NATIONAL REPUBLICAN SENATORIAL COMMITTEE
	03/10/2000	5000.00	20020150161

WHITMAN, MARGARET
SAN JOSE, CA 95125
EBAY INC./CEO

HONDA, MICHAEL MAKOTO     VIA MIKE HONDA FOR CONGRESS
	06/27/2002	1000.00	22991293963

WHITMAN, MARGARET
WASHINGTON, DC 20004
EBAY

CANTWELL, MARIA     VIA CANTWELL 2006
	06/07/2002	1000.00	22020551855

WHITMAN, MARGARET C
ATHERTON, CA 94027
EBAY INC

EBAY INC-COMMITTEE FOR RESPONSIBLE INTERNET COMMERCE
	12/01/2000	5000.00	21036901511

WHITMAN, MARGARET C
MENLO PARK, CA 94025
EBAY INC

EBAY INC-COMMITTEE FOR RESPONSIBLE INTERNET COMMERCE
	08/29/1999	5000.00	20035260215

KERRY, JOHN F     VIA KERRY COMMITTEE
	07/13/1999	1000.00	20020070296

WHITMAN, MARGARET C
PALO ALTO, CA 91306

BUSH, GEORGE W     VIA BUSH FOR PRESIDENT INC
	07/08/1999	1000.00	99034852908

WHITMAN, MARGARET C
SAN JOSE, CA 95125
EBAY INC

ROTH, WILLIAM V JR     VIA ROTH SENATE COMMITTEE
	04/12/2000	1000.00	20020211269
	04/12/2000	1000.00	20020211269

WHITMAN, MARGARET C.
MENLO PARK, CA 94025

AMERICANS FOR A REPUBLICAN MAJORITY (ARMPAC)
	05/31/2002	5000.00	22991145378

WHITMAN, MARGARET C. (MEG)
SAN JOSE, CA 95113
EBAY INC./CEO

BAYOU LEADER POLITICAL ACTION COMMITTEE
	06/11/2002	1000.00	22991454492

WHITMAN, MARGARET C. MRS.
ATHERTON, CA 94027
EBAY INC./CEO

EBAY INC-COMMITTEE FOR RESPONSIBLE INTERNET COMMERCE
	05/24/2002	5000.00	22991076368

WHITMAN, MARGARET C. MRS.
MENLO PARK, CA 94025
E BAY/CEO

NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE CONTRIBUTIONS
	12/31/2001	5000.00	22990324871

Total Contributions:    43000.00

Joint Fundraising Contributions

  These are contributions to committees who are raising funds to be distributed to other committees. The breakdown of these contributions to their final recipients may appear below

WHITMAN, MARGARET C
MENLO PARK, CA 94025

2000 REPUBLICAN HOUSE-SENATE DINNER COMMITTEE; THE
	06/29/2000	5000.00	20035862687

Total Joint Fundraising:    5000.00

Recipient of Joint Fundraiser Contributions

  These are the Final Recipients of Joint Fundraising Contributions

WHITMAN, MARGARET C
MENLO PARK, CA 94025

NATIONAL REPUBLICAN SENATORIAL COMMITTEE
	06/29/2000	2500.00	20020231778

WHITMAN, MARGARET C MRS
MENLO PARK, CA 94025

NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE CONTRIBUTIONS
	06/29/2000	2500.00	20035881204

***********************************************************

[RonDog]

I think that I have now ALMOST perfected the sign that my "Gray Hooker" will carry at the "DumpDAVIS" FReep at the Beverly Hilton on Tuesday, 9/17 - from noon to 2 pm:

Davis . .
.
.
WiLL WoRK
for...
BRiBE$!!!
.
.
www.eGray.org
www.FreeRepublic.com

[MeneMeneTekelUpharsin]

Thanks for the link. Hilarious!

[Aunt Polgara]

I caught the tail end of Tony Snow talking about the eGray site yesterday on Fox News! This is great. Free advertising!

[daviddennis]

Or they might be sympathetic to the cause and want to give it publicity. Let's face it, publicity is what the Simon campaign sorely needs, and this will generate a lot of hits for eGray.

This is great news for the Simon campaign, especially since eBay is going to huff and puff, but they won't sue because they'll lose (as discussed earlier). Nobody wants to file a lawsuit and lose, since it might wind up diluting their trademark.

D

[Ernest_at_the_Beach]

From one of the threads above :

-------------------------------------------------------

To: All

This was A "Hot Site of the Day" for USA TODAY (http://www.usatoday.com/tech/webguide/hotsites/2002-09-05-hotsites.htm) and Cruel Site of the Day (http://cruel.com) for Sept. 5.

36 posted on 9/5/02 2:18 PM Pacific by AmusedObserver
[ Post Reply | Private Reply | To 1 | View Replies | Report Abuse ]

-------------------------------------------------------

[CWRWinger]

"Our attooneys will determine what the appropriate step will be," spokesman Kevin Purse-in-glove

Get lost eBay, you don't have a point.

[John Jorsett]

eBay should save its money. The election will be over in two months anyway, and they're not going to get action in that amount of time.

[BlazingArizona]

BrickBay, a site dedicated solely to the buying and selling of individual (yes, individual) LEGO bricks and LEGO sets recently had to change its name to BrickLink, because eBay bullied it into submission.

In other news, San Francisco is being forced to change the name of its harbor to San Francisco Link, and its slogan to "City by the Link."

[paulklenk]

I could never get interested in a site called "eGray.org." But build a site called "eGravy.org" -- I'm THERE baby, with bells on, sitting up to my waist in that tasty brown sludge.

Just being,

[Not_Who_U_Think]

I doubt this will ever result in legal action - the site will be down in two months anyway and the only way to get it down now is to drag the campaign into court forimmediate relief - and no judge is going to stop this before the election. Besides, I suspect the Simon campaign is delighted to have eBay draw attention to the site !

[Aunt Polgara]

Jeff Levy just mentioned eGray.org on his computer show on KFI-640 am! More free advertising!!!

[Aunt Polgara]

(http://www.usatoday.com/tech/webguide/hotsites/2002-09-05-hotsites.htm) and Cruel Site of the Day (http://cruel.com) for Sept. 5.

OOPS Ernest, you included the parentheses in the link. Here are the correct links:

http://www.usatoday.com/tech/webguide/hotsites/2002-09-05-hotsites.htm

and

http://cruel.com

[RonDog]

LOL!

From http://www.usatoday.com/tech/webguide/hotsites/2002-09-05-hotsites.htm:

EGray California's rough-and-tumble gubernatorial race is getting ugly, especially online. EGray, a parody of the popular online auction site eBay, paints Gov. Gray Davis as a public official selling his political favors to the highest bidder. The 'BribePal' button actually takes you to Davis' contribution site. (There's a cease-and-desist order in here somewhere.)

---

Click on the image for Hot Site details.

[Cyber Liberty]

"So yes, eBay goes after everyone."

Makes eBay sound like Disney, inc.

[RonDog]

And from http://cruel.com/:

State Government Auction
For as little as $10,000, you may be able to purchase undue influence at auction from eGray, California's leading ecommerce site for graft. "Direct deposit into the Gray Davis for Governor Committee accounts is available." (09-05)

[Ernest_at_the_Beach]

Thanks, got in a hurry !

[weegee]

Here's the operator of itchBay: