Huntington Beach’s Perfume Bay Inc. has lost its appeal on a trademark infringement case brought on by eBay Inc.
Perfume Bay, an online seller of perfume, makeup and bath and body products, will have to change its Web site addresses Perfumebay.com and Perfume-bay.com because they infringe on eBay’s name. EBay sued Perfume Bay in 2004, alleging that Perfume Bay’s Web sites were confusing to eBay customers, who were led to think Perfume Bay was an official eBay site.
The case went to trial in 2005. The courts found Perfume Bay clear on eight out of the nine counts. The ninth count alleged that Perfume Bay couldn’t put the word “bay” next to the word “perfume” in its Web site address.
Perfume Bay appealed the decision.
Last week, a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld the lower court ruling in 2005. Jacquelyn Tran, Perfume Bay’s chief executive, told the Associated Press that she would appeal the decision and ask for an emergency stay of the injunction to continue operating Perfumebay.com.
, Jessica C. Lee
