United States Ninth Circuit

In a trademark infringement case involving whether various forms of the mark "Perfumebay" infringe upon the trademark "eBay," a district court's decision finding that Perfumebay.com infringed eBay's trademark but denying certain other claims is affirmed in part, but reversed in part where the district court erred: 1) in holding that Perfumebay's marks did not produce a likelihood of dilution, as the marks are nearly identical to eBay's mark; and 2) in finding that eBay acted with unclean hands in its advertising, as the record did not affirmatively demonstrate the requisite intent to deceive.

Appellate Information

• Argued 06/04/2007
• Decided 11/05/2007
• Published 11/05/2007

Judges

• RAWLINSON, Circuit Judge:, Before: STEPHEN S. TROTT, JANE R. ROTH, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ronald M. St. Marie (argued) and Thomas T. Chan, Chan Law Group LLP, Los Angeles, CA, for appellant/cross-appellee Perfumebay.com., John W. Crittenden (argued), Brian E. Mitchell, Franklin B. Goldberg, Alex C. Sears, Lori R.E. Ploeger, and Michael Traynor, Cooley Godward Kronish LLP, San Francisco, CA, for appellee/cross-appellant eBay Inc.