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 © 2026 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

Pineapple Support to Host 'Neurodivergent Performers' Support Group

Pineapple Support is hosting a free online support group for neurodivergent performers.

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches WebXR-Enabled Site

VirtualRealPorn has officially launched its new site, built on Web Extended Reality (WebXR) technology.

'MyAsianGFs' Launches Through Paysite.com

MyAsianGFs.com has officially launched through Paysite.com.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Show More