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August 30, 2007

Perfume Bay vs EBay

A new Blog, MakesNoScents.com has been started to publicize and discuss the issues involved in a trademark infringement suit by EBay against PerfumeBay, which is a leading Internet perfume retailer that has around $20 million in annual sales (a David fighting against the Ebay Goliath with $4 Billion annual revenues). The lawsuit has wended its way through the courts for several years, and an Appellate court decision is expect soon. They've posted key legal documents, with arguments, etc. on the blog.

Ordinarily we might not cover this story because the Perfume Bay is a commercial retailer of big name perfumes--and doesn't sell very many of the natural perfumes that our small industry believes in (I found 113 natural perfume items out of the 40,000 items on the site).  But in comparison with EBay, they are a little guy, just like the Natural Perfumers are compared to the big name perfume companies.

Posted by Rob on August 30, 2007 in Perfumery, Weblogs | Permalink


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I prefer natural scents and essential oils and probably would not buy from either company, but I don't agree with not at least trying to be original. And, oh David only has $20 million compared to Goliath's $4 Billion. Shame on Goliath for fighting. $20 million's still more than I have... But think about it; the big guy was once a little guy too. And I'm sure that big guy's mentality is still the same as when he or she was a little guy. DKNY was just this little girl with a sewing machine, you mean to tell me if someone stole her ideas she has no right to fight now because she has too much money. Who made this rule that you only have a right to fight if you have not become successful from your struggle to the top? It seems like everyone's always saying, they should stop being greedy--they have so much money--what are they complaining about? What if your little aromatherapy company went global and became as successful a name as eBay, and some little guy new company decided to name their e-shop scentconnection, or something that infringes on your publicity campaign, just to capitalize off of the promotion money you put into the 'connection' part of your name. You would have earned the right to issue somebody a pimpslap. eBay worked their way to the top and just because they got there, I don't see any laws that say they have to give up their rights to keep what they worked so hard to earn. The same goes for musicians. If I became a mega success from my struggles, lost sleep, depleted bank account, and countless years of brainstorming, I would fight tooth and nail to the death if someone tried to jack my ideas. Just because you can't always hold intellectual property in your hand, doesn't mean it doesn't have value.


Posted by: LargeRoomNoLight | Dec 17, 2007 9:34:21 PM

What a news! I am bit late to know about it. EBay against PerfumeBay! Do you have updates on it? I'll like to know.

Posted by: Essential Oils | Jan 7, 2008 10:58:29 PM

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