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Ebay Inc"
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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…)
24 Jan, 2008 8:51 am
... associated with domain names and trademark rights on the World Wide Web. In Perfumebay.com Inc.
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. ... have any spaces or hyphens between words-they must be conjoined. See, e.g., Perfumebay.com, No. 05-56794 at 14530. Further, the Circuit Court
found the goods were related because ...
24 Jan, 2008 4:51 pm
... associated with domain names and trademark rights on the World Wide Web. In Perfumebay.com Inc.
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. ... have any spaces or hyphens between words-they must be conjoined. See, e.g., Perfumebay.com, No. 05-56794 at 14530. Further, the Circuit Court
found the goods were related because ...
17 Dec, 2007 11:28 am
... fry (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 ... become CoinDay, and the CoinBay.biz domain now re-directs to CoinDay.com. (I doubt eBay will be permanently satisfied with that
re-direct) Martino also removed his "Buy Now" ... hurt Internet commerce generally. That decision could come any day now. In Virginia, eBay was
ordered to finally pay up the $25 million plus interest it was ordered to pay in ...
28 Nov, 2007 1:30 am
Case: Perfumebay.com, Inc. v. eBay, Inc., Case No. 05-56794, Ninth Circuit Court of Appeals (November 5, 2007) Summary: For trademark dilution, the similarity
requirement may be less stringent in circumstances in ... PerfumeBay contains the word "eBay," 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 dilute "eBay." "PerfumeBay" ...
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, ...
6 Nov, 2007 2:32 pm
... " incorporates the full "eBay" trademark, whereas "Perfume Bay," with the addition of the space between the words, no longer incorporates
the whole eBay trademark. The Ninth Circuit reversed the district court's finding of no likely dilution under California law, stating that "it
does ... to be "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]
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 ... to establish clear error. The separated forms of "perfume" and "bay" do not include eBay's entire mark. Unlike the conjoined forms,
the non-conjoined forms do not ... 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 ...
5 Nov, 2007 1:52 pm
... 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, ... to us. But the decision started making sense as we kept reading. eBay sells lots of goods online, and it relies on search engines -- especially Google and Yahoo ... PerfumeBay would likely confuse consumers into
thinking it had an affiliation with eBay. Barry Barnett Our feed doesn't need perfume, thank you very much.
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.
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.
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 ...
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
23 Dec, 2007 8:00 pm
... % are by Indian companies: (Spicy IP), Year 2007 in Pharmaceuticals: (Profitability through Simplicity), Depomed Inc. won summary judgment in its patent suit against a Teva subsidiary over 2 patents for AcuForm ... 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 Commission opening investigation into Qualcomm Inc. to determine
whether ...
9 Jul, 2008 10:29 pm
... the search results. The Northern District Court recently addressed this issue in Storus Corp. v. Aroa Marketing (2008) WL 449835 (N.D. Cal.). Storus sells a ... thereby
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. ...
2 Aug, 2008 12:54 am
... damages in trade mark case Pharmacommunications Holdings Inc v Avencia International
Inc: (Canadian Trademark Blog), RIAA v. Almost 30,000 People (Excess ... members' interests against
unauthorised performances: M/s Phonographic Performance Ltd v M/s Hotel Gold Regency & Ors: (IPKat), (Spicy IP), Hunting ... misappropriation case: Cypress Semiconductor
Corporation v Superior Court (Silvaco Data Systems): (IP Law Blog) eBay - PerfumeBay.com disappears from cyberspace with the
company changing its name ...
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) - ... ), (Patently'O), eBay trademark infringed by
'PerfumeBay' but not 'Purfume Bay': (Blawgletter), (I/P Updates), Google Inc., Yahoo Inc., Facebook Inc. and 10 others sued ... of
Equivalents can be used to expand the claimed concentration range [US Philips Corp. v. Iwasaki Elec. Co. Ltd., Fed. Cir. No. 2007-1117 11/2/ ...
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