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[FYI] Deep Linking
- To: debate@fitug.de
- Subject: [FYI] Deep Linking
- From: "Axel H Horns" <horns@t-online.de>
- Date: Tue, 21 Dec 1999 21:46:36 +0200
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- Organization: PA Axel H Horns
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http://www.lawnewsnetwork.com/practice/techlaw/news/A11999-
1999Dec20.html
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eBay Sues Auction Comparison
Web Site for Infringement
E-Commerce Law Weekly
December 21, 1999
Websites that function as auction-comparison
sites -- consolidating information from multiple
auction websites so that auction shoppers can
look for bargains in one convenient place -- may
have to rethink their business models if the giant
of online auctions has its way.
The San Jose, Calif. company eBay, Inc., which
pioneered the burgeoning Internet auction market,
filed a lawsuit Dec. 10 against the
Massachusetts company Bidders Edge, claiming
that defendant’s indexing of and links to
information on the eBay website infringes on
eBay’s copyrights and is trespassory and unfair
use of the eBay site (eBay Inc. v. Bidder’s Edge,
D. Calif., No. 0-99 21200, filed 12/10/99).
The lawsuit’s complaint accuses Bidder’s Edge of
a wide range of tortious activity under California
and federal law, including trespass to personal
property, unfair business practices, copyright
infringement, misappropriation, false advertising,
federal trademark dilution, injury to business
reputation, interference with prospective
economic advantage, and unjust enrichment.
eBay seeks monetary damages and restitution
for unjust enrichment.
The complaint, which demands a jury trial, states
in its trespass to personal property claim that
"defendant has used, accessed, and
intermeddled with and continues to use, access,
and intermeddle with eBay’s computer systems
for defendant’s own commercial benefit." Similar
language, asserting that Bidders Edge has
misused or taken eBay’s property, is used to
underscore eBay’s misappropriation and unjust
enrichment claims.
Other claims in the complaint are grounded in
federal intellectual property law, with specific
allegations of copyright infringement and
trademark dilution. With regard to the latter, the
complaint states that "Bidder’s Edge’s repeated
display of the mark EBAY in its categorized
auction listings and its ‘All Auction Search’
results page have diluted and continue to dilute
the distinctive quality of the EBAY mark."
[...]
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