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

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3 in the case of Aylo, which filed suit in the matter.

Show More