Search for: "Perfumebay.com Inc"
Results 1 - 18 of 18
Sorted by Relevance | Sort by Date
24 Jan, 2008 8:51 am
... v. eBay Inc., No. 05-56794, the Ninth Circuit affirmed the District Court's broad injunction preventing Perfumebay from using the
conjoined form of the word because such use created a likelihood of confusion with eBay. Perfumebay.com Inc. v ... Id. at 14529.
However, non-conjoined words or phrases cannot be used as domain names on the Internet. The result of this decision is that Perfumebay.com, Inc. can continue to call itself "Perfume Bay," but it is in effect enjoined from using its own name as ...
24 Jan, 2008 4:51 pm
... v. eBay Inc., No. 05-56794, the Ninth Circuit affirmed the District Court's broad injunction preventing Perfumebay from using the
conjoined form of the word because such use created a likelihood of confusion with eBay. Perfumebay.com Inc. v ... Id. at 14529.
However, non-conjoined words or phrases cannot be used as domain names on the Internet. The result of this decision is that Perfumebay.com, Inc. can continue to call itself "Perfume Bay," but it is in effect enjoined from using its own name as ...
28 Nov, 2007 1:30 am
... Fighting About: PerfumeBay's founder began her business selling perfume on eBay. She later stopped selling on eBay and started her own web-based company,
Perfumebay.com, Inc. She purchased keyword advertisements on Google and Yahoo! so that a search for the word ... ," and the parties sell
the same product, perfume, in the same forum, the internet. Nonconjoined versions of "PerfumeBay," for instance if "Perfume" and "Bay" were separated by a space or the image of a
starfish, would also ...
12 Nov, 2007 8:36 pm
... has a nice write-up on the Ninth Circuit's Nov. 5 decision in Perfumebay.com Inc. v. eBay Inc. Here's the rub: "The district court did not clearly err in finding that conjoined forms of 'perfumebay' created a likelihood of consumer
confusion. The district court, therefore, properly enjoined Perfumebay from ... . The district court also did not clearly err in finding that the non-conjoined forms of
Perfumebay's mark, such as Perfume Bay, did not create a likelihood of confusion. "However, ...
7 Nov, 2007 3:38 am
In PERFUMEBAY.COM, INC. V EBAY INC. (November 5, 2007), the U.S. Court of Appeals for the
Ninth Circuit concluded that the district court did not clearly err in declining to enjoin uses of the non ... 's injunction maintained an equitable balance with respect to the disputed
marks. The injunction reduces consumer confusion by eliminating the conjoined forms of "perfumebay." The conjoined forms encompass all of eBay's trademark, thus creating
confusion when utilized in domain names, online advertising ...
6 Nov, 2007 2:32 pm
... still functional). The court also affirmed the finding that the use of "Perfume Bay" was not likely to cause confusion, in part because "PerfumeBay" incorporates the full
"eBay" trademark, whereas "Perfume Bay," with the addition of the space between the words, no longer incorporates the whole ... "diluted in direct proportion to the extent consumers,
particularly internet users, disassociate the eBay mark with eBay's services." More detail of Perfumebay.com, Inc. v. eBay
Inc. after the jump. [More]
5 Nov, 2007 11:23 am
A trademark case. That pits a company with the "perfumebay.com" site against a company with the "ebay.com" site. The winner? The one you'd totally expect. Hint: One of those web
sites ain't gonna be around for much longer.
26 Nov, 2007 9:04 pm
2007 U.S. App. LEXIS 25726 (9th Cir. 2007). Decided November 5, 2007 Ruling: Because of the way internet search engines interpret text, the mark "Perfumebay" and "Perfume-bay"
infringe and dilute the mark "eBay". However, the mark Perfume Bay does not. (more…)
13 Nov, 2007 9:33 am
... what it argued in a recent Ninth Circuit Court of Appeals trademark infringement case. In that case, Perfumebay.com, Inc. v. eBay,
Inc., - - - F.3d - - - (9th Cir. November 5, 2007), the court upheld a federal district court ... did not help in the similarity analysis. And
while the marks are pronounced differently, have different meanings, and Perfumebay uses a dissimilar look in its logo, the court stated that the way the marks are utilized in
the marketplace is determinative. "Internet users do ...
17 Dec, 2007 11:28 am
... (more below). The Perfume Bay case that went to the 9th circuit is Perfumebay.com Inc v. Ebay Inc., 04-01358-WDK, C. D. California. Martino didn???t ... He has represented eBay in several other domain-name trademark cases, including the
Perfumebay.com case. My piece in the Daily Journal about the 9th circuit decision in that case, "Another ' ... -01358-WDK, C. D. California. Perfume Bay was ordered to stop using
the Perfumebay.com domain name; the company has since asked the 9th circuit for a re-hearing, ...
5 Nov, 2007 1:52 pm
The Ninth Circuit held today that an internet provender of perfumes violated the Lanham Act by incorporating the "eBay" trademark in its name, PerfumeBay. Perfumebay.com
Inc. v. eBay Inc., No. 05-56794 (9th Cir. Nov. 5, 2007). Huh. Blawgletter confesses that at first we
thought eBay would lose this one. PerfumeBay doesn't look much like eBay to us. But the decision started making sense as we kept reading. eBay sells lots of goods ...
2 Aug, 2008 12:54 am
... 46), Beauty, Beast and Hunchback score dramatic victory - Disney Enterprises Inc. sues German Concert Promoter: (IPKat), Exemplary damages
/ wilful infringement - presentation ... v Payless Shoesource; Starbucks Corp v Wolfe's Borough Coffee Inc: (The IP Factor), New team owner
files ITU applications for OKLAHOMA CITY ... v Superior Court (Silvaco Data Systems): (IP Law Blog) eBay - PerfumeBay.com disappears from cyberspace with the company changing its
name to Beauty Encounter following its loss in eBay ...
8 Nov, 2007 9:00 pm
... & IP), Flomax (Tamsulosin) - Ranbaxy prevails in litigation against Astellas Pharma Inc. and Boehringer Ingelheim: (IPLaw360), (Generic
Pharmaceuticals & IP), Altace (Ramipril) ... IP), Yaz - Bayer AG has filed a lawsuit against Watson Laboratories Inc., alleging patent
infringement related to the oral contraceptive Yaz: (IPLaw360), Korea's ... 'O), eBay trademark infringed by 'PerfumeBay' but not 'Purfume Bay': (Blawgletter), (I/P Updates),
Google Inc., Yahoo Inc., Facebook Inc. and 10 others ...
5 Nov, 2007 7:28 pm
From the Makes No Scents! blog: [www.makesnoscents.com] Today's opinion is available via the California Appellate Report blog: [calapp.blogspot.com] For the moment at least, Island
Michael Kors Hawaii for Women is still available at perfumebay.com.
23 Dec, 2007 8:00 pm
... Pharma for $700 million: (IP Law360), Neopogen (Filgrastim) - Sloan-Kettering Institute for Cancer Research sues Amgen Inc. for allegedly
evading royalty payments on infection preventative drugs, Neupogen and Neulasta: (IP Law360), Seasonale (ethinylestradiol) - ... Shaw Pittman LLP, has been granted a patent for a
business method used in its global sourcing practice: (IP Law360), Perfumebay,com v eBay: Is there really only room for one 'bay' on the internet?: (IP Law Blog), US
International Trade ...
9 Jul, 2008 10:29 pm
... was finally completed as a result of the confusion." (Intrastellar Starship Services Ltd. v. Epix, Inc., 304 F.3d 936, 941 (9th Cir.
2002).) Initial interest confusion ... inappropriately benefiting from the goodwill plaintiff had established in its mark. (See Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F.3d 1036, 1058 ( ... the remaining Sleekcraft factors "weigh strongly against the likelihood of confusion." (See
Perfumebay.com v. eBay, Inc., 506 F.3d 1165, 1174-75 (Fed. Cir. ...
8 Nov, 2007 10:09 am
On Monday, Nov. 6, the Ninth Circuit issued six published decisions. Perfumebay.Com, Inc. v. EBay,Inc. Hanna v. Keisler U.S. v. Gonzales Lewis v. United States Of Education Financial Management Advisers v. American International Specialty Line Insurance
Company U.S. v. Cope
20 Mar, 2008 7:29 pm
Perfumebay.com v. eBay, Inc. _ Fed 3D _ (9th Cir. Nov. 5, 2007) Click here to view a PDF copy of the document.
Search on: Blawgs.FM | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blog Search | Technorati | Google | MSN | Yahoo!