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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, from the eBay auction house, has become the object of a taut 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 "3...2...1...meins!" After an immediate decision of the Hamburg 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 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 1/5 th of its trademark protection," according to 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.
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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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