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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…)
16 May, 2006 10:25 am
10 Jan, 2008 9:32 pm
2007 US App LEXIS 29871 (9th Cir 2007). Decided December 28, 2007 Ruling: A trademark registration is prima facie evidence of the validity of a trademark and whether defendant has used
the mark on the goods specified in the registration is irrelevant in establishing Plaintiff's protectable interest. If there is a protectable interest, the next question is whether
Defendant's use of the mark creates a likelihood of confusion. (more…)
16 May, 2006 5:25 pm
16 May, 2006 5:25 pm
16 May, 2006 5:25 pm
16 May, 2006 5:25 pm
14 Aug 2:06 am
... sell his wares. Hard Rock Café Licensing Corp. v. Concession Services., Inc., 955 F.2d 1143, 1148-49 (7th Cir. 1992). In the Inwood ... ,
along with its apparently manual periodic "clean-up" reviews of listings, could be sufficient for eBay to avoid being found willfully blind to
incidences of trademark infringement -- assuming these measures are sufficiently ... 2008). The case is now on appeal with the Second Circuit. See Tiffany (NJ) Inc. v. eBay, Inc., U.S.C.A., for the Second Circuit, Case No. 08- ...
17 Dec, 2007 11:28 am
... biz, an auction and sales site run by a Florida coin collector Bob Martino. eBay Inc. v. Martino,
07-cv-06172-CRB, N. D. California. I ... + Bay" sites, including AlternaBay, EggBay, MexBay, and NaziBay. He has represented eBay in several
other domain-name trademark cases, including the Perfumebay.com case. My piece in ... and 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 20003 ...
31 Jul, 2008 4:35 am
... to hold eBay liable for the sale of counterfeit Tiffany jewelry by eBay sellers. Tiffany,
Inc. v. eBay, Inc., Case No. 04-Civ-4607 (S.D.N.Y. July 14,
... Court based its holding on a U.S. Supreme Court decision, Inwood Labs, Inc. v. Ives Labs, Inc.,
546 U.S. 844 (1982), holding that the standard for contributory infringement articulated in, applies to businesses like eBay that provided a
virtual marketplace. Inwood held that: If a manufacturer or distributor intentionally induces another to infringe ...
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 ... 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 "perfume" would
... not likely to cause confusion, in part they do not incorporate the entire "eBay" mark. The lower court properly issued an injunction
barring the use of the domain names ...
24 Jan, 2008 8:51 am
... concerning the rights 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 ... . 5, 2007).
In Perfumebay.com, the Ninth Circuit found the marks were similar because "Perfumebay" incorporates "eBay" in its entirety, especially when it
is spelled "PerfumeBay" as it is sometimes, and also because the domain name perfumebay.com necessarily incorporates eBay' ...
15 Jul, 2008 2:55 am
... Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ.
4607 (RJS) (S.D.N.Y. July 14, 2008) It took ... might exacerbate liability, so the preferred strategy was to remain "passive" with respect to users. eBay chose a different approach. It proactively attempted to reduce the incidence of counterfeiting on the site through ... three-strikes rule. The court
endorses this practice, and specifically says that it was OK for eBay not to adopt a universal one-strike rule. The Nominative Use Defense With
respect ...
24 Jan, 2008 4:51 pm
... concerning the rights 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 ... . 5, 2007).
In Perfumebay.com, the Ninth Circuit found the marks were similar because "Perfumebay" incorporates "eBay" in its entirety, especially when it
is spelled "PerfumeBay" as it is sometimes, and also because the domain name perfumebay.com necessarily incorporates eBay' ...
15 Jul, 2008 12:22 am
... solely on their generalized knowledge that trademark infringement might be occurring on their websites." The decision was rendered in Tiffany (NJ) Inc. v. eBay, Inc., No. 04 Civ. 4607 (RJS) (S.D.N.Y). The district court
held that ... on its homepage and with respect to online advertising is protected under the nominative fair use doctrine. The district court held that eBay's practice of purchasing sponsored links of Tiffany trademarks also is protected by the defense of nominative fair use; eBay's ...
15 Jul, 2008 12:59 am
... solely on their generalized knowledge that trademark infringement might be occurring on their websites." The decision was rendered in Tiffany (NJ) Inc. v. eBay, Inc., No. 04 Civ. 4607 (RJS) (S.D.N.Y). The district court
held that ... on its homepage and with respect to online advertising is protected under the nominative fair use doctrine. The district court held that eBay's practice of purchasing sponsored links of Tiffany trademarks also is protected by the defense of nominative fair use; eBay's ...
14 Jul, 2008 6:11 pm
... Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ.
4607 (RJS) (SDNY July 14, 2008) In a 66 page ruling that I haven ... fair use of the marks." * on the contributory liability question, the court reiterates that the standard is "whether
eBay continued to supply its services to sellers when it knew or had reason to know of infringement by those ... Tiffany hasn't shown a
likelihood of dilution; and even if it did, eBay's use would be protected as a nominative use. I need to read this ruling with more ...
25 Feb, 2008 3:14 am
... District cases discussing recent major IP decisions. The first looks at cases discussing eBay Inc. v. MercExchange, L.L.C., 126 S.Ct. 1837, 164 ... St. Eve, J.). -- Granting a permanent injunction in a case between competitors. Chamberlain Group,
Inc. v. Lear Corp., No. 05 C 3449, 2007 WL 1017751 (N ... ) (Moran, J.). -- Granting a preliminary injunction in a case between competitors and
holding that in eBay the Supreme Court limited the automatic presumption of irreparable harm based upon infringement. ...
14 Jul, 2008 11:07 pm
... action to control legitimate markets for new and used goods. The French decision against eBay, which some called a "hometown verdict,"
wasn't just about fakes; it was about control of ... authorized distribution channels - the law provides protection only from the former, not the latter. Clearly, eBay and other online market websites may properly promote and facilitate the ... or Congress." More coverage: Law.com, WSJ, NYT, CNET, AP. Tiffany
Inc. v. eBay Inc., 04-cv-04607, S.D. New York, was filed in
...
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