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ARTICLE · 11 JANUARY 2008

Keeping Confusion And Dilution At Bay

McDermott Will & Emery
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Deciding whether various forms of the trademark “Perfumebay” infringe upon the trademark “eBay,” the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s finding that the trademark “perfumebay” was likely to be confused with “eBay,” and affirmed an injunction barring the use of “conjoined forms” of the mark.

United StatesIntellectual Property
Terry Ahearn
Terry Ahearn
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Deciding whether various forms of the trademark "Perfumebay" infringe upon the trademark "eBay," the U.S. Court of Appeals for the Ninth Circuit upheld the district court's finding that the trademark "perfumebay" was likely to be confused with "eBay," and affirmed an injunction barring the use of "conjoined forms" of the mark. The Ninth Circuit also upheld the lower court's finding that "non-conjoined forms" of the mark (i.e., Perfume Bay) do not create a likelihood of confusion. In overturning the lower court's finding of no likelihood of dilution, the Ninth Circuit held that "non-conjoined forms" of the mark could, nevertheless, dilute the "eBay" mark. Perfumebay.com Inc. v. eBay Inc., Case Nos. 05-56794, -56902 (9th Cir., Nov. 5, 2007) (Rawlinson, J.).

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