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Markenbusiness: eBay Must Partially Delete 60 Million Euro Trademark in Europe.


LUENEBURG, Germany -- One of the currently best-known advertising slogans Advertising slogans are short, often memorable phrases used in advertising campaigns. They are claimed to be the most effective means of drawing attention to one or more aspects of a product. , from the eBay auction house, has become the object of a taut taut  
adj. taut·er, taut·est
1. Pulled or drawn tight; not slack. See Synonyms at tight.

2. Strained; tense: nerves taut with anxiety.

3.
a.
 trademark dispute, as is reported today by the online-magazine for brandname owners "Markenbusiness," on www.markenbusiness.com. From October 2003 to January 2005, eBay invested 60 million euros into advertising for the slogan A slogan is a memorable motto or phrase used in a political, commercial, religious and other context as a repetitive expression of an idea or purpose.

Slogans vary from the written and the visual to the chanted and the vulgar.
 "3...2...1...meins!" After an immediate decision of the Hamburg Hamburg, city, Germany
Hamburg (häm`brkh), officially Freie und Hansestadt Hamburg (Free and Hanseatic City of Hamburg), city (1994 pop.
 Land Court (Germany), eBay can not any longer use the slogan in a trademark manner for goods like games. Approximately a week earlier than eBay, a management consultant in Germany had registered the only-marginally different slogan "3..2..1..meins!" as a trademark in Germany. On the grounds of his senior rights, this year he had cautioned eBay and brought them to court. Now after the legal decision he is looking forward to a lucrative licensing arrangement, by virtue of his trademark also enjoying the benefits of the millions spent on the eBay advertising campaign. An eBay representative has denied that this case was having an economic effect on eBay, but nevertheless announced the taking of further legal action, after eBay had also previously attempted to purchase the older trademark.

The ultimate action for the time being is the deletion deletion /de·le·tion/ (de-le´shun) in genetics, loss of genetic material from a chromosome.

de·le·tion
n.
Loss, as from mutation, of one or more nucleotides from a chromosome.
 of the trademark by eBay in product class 28 which was requested in the ruling from the Court. "At any rate, the eBay company has therefore voluntarily relinquished re·lin·quish  
tr.v. re·lin·quished, re·lin·quish·ing, re·lin·quish·es
1. To retire from; give up or abandon.

2. To put aside or desist from (something practiced, professed, or intended).

3.
 1/5 th of its trademark protection," according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 lawyer Karsten Prehm from Prehm & Klare Trademark Lawyers (www.markenservice.com) from Kiel (Germany), who is representing the owner of the more senior trademark. "This case shows very strikingly that it is irrelevant as to whether the matter concerns one of the most successful internet companies in the world or a one-man undertaking. What is crucial is this -- who has secured his rights earliest and then monitored them regularly."

Full story on Markenbusiness: www.markenbusiness.com

About Markenbusiness: Markenbusiness is the magazine for brandname owners and provides daily news about names, trademarks, brands and legal issues concerning intellectual property. In addition to the editorial content, Markenbusiness includes the market for trademarks, domains and company names. The trademark in question is also to presented in the Markenspot on Markenbusiness.

Markenbusiness is published by i-relations GmbH.
COPYRIGHT 2005 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jun 30, 2005
Words:376
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