9th Circuit Focuses on ‘Dominant Suffix’ in Domain Infringement Case

SAN FRANCISCO — In a ruling of particular interest to web businesses, eBay Inc. has won a trademark infringement case in federal court against an online retailer with a similar name.

The online auction giant held its nose at PerfumeBay.com, claiming its website diverted online surfers searching for the terms “perfume eBay” away from eBay.

On Monday, a panel of the 9th U.S. Circuit Court of Appeals. 3-0, upheld a lower court’s ruling in September 2005 against PerfumeBay.com and Perfume-Bay.com.

With the opinion, the websites must get new names.

eBay for years has waged its legal might against websites with all numerous domain names that end with “bay.” It has closed down AutoBay.com, RentBay.com and other sites.

In the case, San Jose-based eBay argued that PerfumeBay.com was particularly confusing because it contains the exact spelling “eBay.”

The 9th Circuit also said that the domain’s dominant suffix was key to the case.

“The PerfumeBay marks contain either the entire eBay trademark or the dominant suffix “Bay,” the court wrote. “Perfumebay utilizes its marks on the Internet to sell products offered by eBay. With PerfumeBay’s marks, consumers may no longer associate the usage of the “Bay” suffix with eBay’s unique services ….”

Jacquelyn Tran, CEO of Huntington Beach-based Perfume Bay, said she would appeal and ask for an emergency stay of the injunction to keep operating Perfumebay.com. Tran also owns ScentGuru.com and BeautifulPerfumes.com.

The case is PerfumeBay.com vs. EBay.com, 05-56794.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

Show More