eBUYgumm has won a domain name battle against eBay and Gumtree.
The decision, delivered by Nominet, the official registry for UK domain names, ruled that eBUYgumm was not an abusive registration that interfered with the eBay or Gumtree brands.
eBUYgumm was accused of registering an abusive domain name, incorporating elements of Gumtree and eBay’s branding into its web advertising.
The arguments focused heavily on the fact that eBUYgumm was a deliberate attempt to merge together elements of these worldwide brands for unfair commercial gain.
The complainants also suggested that eBUYgumm’s logo was deliberately similar in terms of font and colouring.
eBUYgumm was founded in 2016 and offers an online marketplace platform for users to buy and sell goods, without having to pay selling fees or navigate the auction process.
The decision, delivered by Michael Silverleaf QC on behalf of Nominet’s dispute resolution service, found in favour of eBUYgumm, dismissing all of the claims made by eBay and Gumtree.
In addition, the complainants had not included any evidence that any member of the public had made a connection between these brands, let alone any evidence of confusion.
Martin Noble, IP partner at Shakespeare Martineau, said: “It isn’t often that you see a case of a smaller business winning against not one, but two global brands, however eBUYgumm has stood its ground and come out on top.”
Darren Swann, managing director at eBUYgumm, commented: “I am pleased with the result and very happy to prove that just because you are a financial giant you are not above the law; the legal system is an important tool for small businesses looking to protect themselves."