eBay Fans Away Perfumebay Over Trademark

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The domain names perfumebay.com and perfume-bay.com looked a little too much like online marketplace eBay’s trademarked name, an appeals court has ruled.

Jacquelyn Tran received another defeat as the Ninth Circuit Court upheld a lower court’s ruling against her domain names. EBay will be glad to see her domains depart in favor of a non-offending replacement.

 eBay Fans Away Perfumebay Over Trademark

An AP report said the appeals court agreed that the names hewed too closely to eBay’s trademarks, and ordered Tran to find a new domain name.

Tran had argued the names were not imitative of eBay, but evocative of "a bay filled with ships importing perfumes from all parts of the world." eBay felt they were evocative of the long-time online auction and marketplace site, citing potential customer confusion about the site’s name.

Health & Beauty has been an eBay category feature for some time, and a handful of eBay’s sellers deal in perfume. That’s likely one area where eBay saw possible confusion happening, but they have a history of going after other commerce websites with "bay" in their names.

Tran promised on her MakesNoScents blog to continue fighting eBay by seeking an emergency stay of injunction, as well as appealing to the Supreme Court.



eBay Fans Away Perfumebay Over Trademark
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  • http://www.usapartmentsmart.com Richard

    Does the court systems not realize they are making it easier for eBay to close down the American Dream? Shutting down websites that are allowing stay-at-home moms to stay home. Shutting down businesses on people with disabilities who can not get out to get a job in the labor field.

    I wonder what they will do when other sites turn on them. Generic names like bay, store, hub, place, rent, mart, and shopping should not be words which keep a business from owning and using a website to thrive and persue happiness.

    If a web-surfer was confused and could not tell the difference between eBay.com and PerfumeBay.com then that surfer should not be surfing on the internet without further instruction. Hey that is an idea eBay, why not hold seminars to teach people how to get to your site, Instead of spending millions to shut down small business owners because you think you own the name BAY..

    Get over yourself eBay, stop being childish. It is not all about you! Stop creating communism!

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