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eBay Seeks Injunction Against Perfume Bay

Sun, 13 Dec 2005 12:05:00 EST

The injunction on Perfume Bay, an online retailer of various perfume and skin-care merchandise, was overturned when the US District Court ruled that its use of 'Bay' was acceptable so long as the names were separated by a space. However, this meant that it's use of perfumebay.com was unacceptable. The Court suggested the use of perfume_bay.com, instead. "The US District Court denied Perfume Bay's request for stay of the injunction when..."

"... it argued that ICANN, the organization that controls the allocation of URLs, does not allow the use of an underscore in a URL. However, the court said, 'given the arguable novelty of the questions presented by this case, the Court is cognizant of the fact that the court of appeals may differently assess Perfume Bay's likelihood of success.' It stayed execution of the injunction for 30 days to allow Perfume Bay to seek relief from the Circuit Court.

The Appellate Court then immediately granted a stay of the injunction pending appeal, meaning Perfume Bay will be allowed to use the URL PerfumeBay.com until the appeal is finally heard and decided by the Appellate Court, which may take one or two years for resolution."

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