EcommerceBytes-NewsFlash, Number 1366 - September 13, 2006     1 of 4

eBay Sues Online Auction Site

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Attorney David Fish of The Collins Law Firm reports on his blog, Internet and Class Action Law, that eBay has filed a lawsuit against in the Northern District of California alleging that the Internet site infringes on its auction system.

Fish links to eBay's complaint, which includes allegations that the site asked new users to "migrate" eBay feedback ratings to WorldAuctions. eBay prohibits users from using eBay feedback outside of the eBay system.

In its lawsuit, filed September 1, 2006, eBay also lists nine eBay User IDs it attributes to the defendants and alleges that those User IDs were used to advertise the defendants' site on eBay blogs and message boards. eBay also alleges those IDs were used to "bid on numerous items offered for sale by auction on the eBay Web site," but failed to make payments to sellers for winning bids.

eBay is asking for injunctive relief against the actions it alleges, asks for an accounting of revenues and profits and treble damages as well as attorney's fees and expenses.

An initial Case Management Conference is scheduled for November 30, 2006.

About the author:

Ina Steiner is co-founder and Editor of EcommerceBytes and has been reporting on ecommerce since 1999. She's a widely cited authority on marketplace selling and is author of "Turn eBay Data Into Dollars" (McGraw-Hill 2006). Her blog was featured in the book, "Blogging Heroes" (Wiley 2008). Follow her on Twitter at @ecommercebytes and send news tips to

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