May It Please The Court

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Quote of the Day - Here's the smell of the blood still: all the perfumes of Arabia will not sweeten this little hand. - William Shakespeare
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PerfumeBay vs. eBay. Are You Confused?

In the online world, words mean everything, especially when the words form a domain name and are potentially confusing.  The Ninth Circuit just decided that the PerfumeBay online domain that sells - guess what - perfume, is likely to be confused with eBay, the online domain that sells not only perfume, but just about everything else.

Are you confused between the two?

The Court ruled, "non-conjoined forms of Perfumebay's mark, such as Perfume Bay, did not create a likelihood of confusion."  What?  Well, apparently in the parlance, conjoined means:  PerfumeBay, as in PerfumeBay.com.  Non-conjoined means Perfume Bay, as in two words.

For a moment there I thought they were talking about twins.

Unfortunately, the Court's ruling is a death knell for Perfume Bay.  Without the ability to use perfumebay.com, it's online storefront is out the window.  Literally.  Now it's users will have to follow the scent to another website, this one presumably with a dash or underline between the two words.

PerfumeBay's blog, named MakesNoScents.com, points out the company will continue the fight.  Presumably, we'll see an application to the Supreme Court.  Stay tuned.

Posted by J. Craig Williams on Monday, November 05, 2007 at 23:34 Comments (0)


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