EcommerceBytes-NewsFlash, Number 1690 - December 21, 2007     3 of 4

eBay Sues for Trademark Infringement

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eBay sued the owner of the website for trademark infringement and unfair competition on December 5, 2007, in US District Court in the Northern District of California.

The complaint alleges that the website name, logo and its "Buy Now" feature infringes on eBay's copyright. eBay asked for injunctive relief enjoining the defendant from using the name and marks; cancellation of the domain name registration; and treble damages and legal expenses.

On December 20, Judge Breyer accepted the parties's filing for a stipulation for final judgement. According to the settlement, the defendant, Bob Martino, agreed to change the name of his website to CoinDay and to cease the use of the Buy Now logo and names and marks to which eBay had objected. eBay has agreed to allow Martino to use the URL to redirect users to until January 14, 2008. Each party will bear its own legal fees under the settlement terms.

The URL now resolves to and the feature that allows shoppers to buy an item immediately is called "Purchase Now." Site statistics posted on the home page says there are 2,223 live users and 1,388 registered users.

Over the years, eBay has forced other companies to change their names and URLs through threats of legal action. changed its name to; changed its name to; changed its name to; and AlternaBay changed its name to

The owner of the website has been fighting eBay's trademark lawsuit for years. In November, the 9th U.S. Circuit Court of Appeals upheld a lower court's ruling in September 2005 against and ( and

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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