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Ninth Circuit Rules in Favor of eBay

In Perfumebay.com Inc. v. eBay Inc., 2007 WL 3243998, No. 05-56794 (9th Cir., 2007), the U.S. Court of Appeals for the Ninth Circuit agreed with the district court's decision that the conjoined forms of 'perfumebay' [perfumebay and PerfumeBay] created a likelihood of consumer confusion with the eBay mark and affirmed the permanent injunction preventing Perfumebay.com from using the infringing marks. The court also affirmed the district court's decision that the non-conjoined form of Perfumebay's mark [Perfume Bay] did not create a likelihood of confusion, but reversed the district court's decision that Perfumebay's marks did not produce a likelihood of dilution.

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