August 10, 2001 6:05 AM PDT

BidBay returns fire in eBay lawsuit

Another volley has been fired in the battle of the "bay."

BidBay.com announced Friday that it filed a motion to dismiss a trademark infringement lawsuit by rival eBay, which asserts that BidBay misuses the word "bay" in its name to suggest a likeness to eBay. Online auction kingpin eBay is widely considered to be one of the most recognized brands on the Internet.

An attorney for the smaller auction site filed the motion Tuesday to dismiss the case on a technicality--that the suit was filed in an improper venue. BidBay's counsel argues that if the case continues, it should be transferred to the Central District Court in Los Angeles, which the company believes is the proper venue.

eBay filed suit last week in a federal court in San Jose, Calif., seeking damages and an injunction against BidBay. The auction giant's lawsuit also asserts that BidBay, which offers photo-hosting services to sellers on eBay, steers shoppers to its home page by launching a new window if a buyer pursues an item that has a BidBay-hosted photo.

Whether the motion is granted or denied, BidBay's attorney, Barry Sabahat, said he looks forward to defending his client's case in federal court.

"This case is the equivalent of The New York Times suing the Los Angeles Times for using the same font and the word 'times,'" he said.

eBay could not be reached at this time for comment.

9 comments

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I have stock in your comp.
Hello my name is Otis Murray i have stock in your comp. sence june of 2000 how do i go about seeing how much money its worth and why am i not being notified of this please get in touch with me 515 546 6216 thank you Otis
Posted by (1 comment )
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I have stock also
I have stock also. have you found any information as to the value of your stock. I bought stock in 2000 also.
Posted by sweety40 (1 comment )
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BIDBAY AUCTIONS
i have built a site twice the size of ebay and intend offering an online auction with more features, i was once a seller on ebay and lost a lot of money so now i want to make my site and overtake ebay with a better and bigger auction site, im not afraid of the competition, i was wondering why seaside resorts have not been suid as they use bay in the name, and besides a bay is a trap with three sides blocking you in and with only one way out, a lot are afraid to leave, my site will be a haven or a harbor and come and go as you please, bidbay should not be told or ordered to stop as a bay is not a name and also bay is a seaside place not an auction,what about anchorbay and others too, does ebay intend suing them because of the name bay,i will help bidbay if i were asked as in my opinion they have done nothing wrong, but on saying that i dont know all the facts so i could be wrong, i will continue with my site and hopefully be bigger than ebay, time will tell
Posted by auctioneering (1 comment )
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bidbay stocks
I also have 5 shares in bidbay stocks since june 2000 and no one will tell me how much it's worth or if it;s worth anything at all
Posted by isaacava (3 comments )
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bidbay stocks
since bidbay would not answer the question of their stock i think ebay should buy every one who got 5 shares of bidbay when it first came about and take over bidbay
Posted by isaacava (3 comments )
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BidBay is gone, kaput, out of business. The Greek tycoon sold out to some one else as soon as he bit the dust in the law suit. The domain now belongs to ebay.com once again. Forget your stocks, you got taken! He probably absconded with your bucks.

Why should ebay buy you any stock? You left there to go to BidBay, your bad, not theirs. They didn't leave you! I think it's time you got a clue.

Read this:

<a class="jive-link-external" href="http://builder-news.cbsi.com/Police-blotter-Dot-com-magnate-loses-fraud-appeal/5208-1030_3-0.html?forumID=1&#38;threadID=14345&#38;messageID=304111&#38;start=0" target="_newWindow">http://builder-news.cbsi.com/Police-blotter-Dot-com-magnate-loses-fraud-appeal/5208-1030_3-0.html?forumID=1&#38;threadID=14345&#38;messageID=304111&#38;start=0</a>
Posted by ya_ya_sister (1 comment )
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Ok,how come I dont see anyone mentioning what "ebay" stands for as a meaning? Correct me if I'm wrong but doesnt it come from "East Bay" ? because ebay is in the east bay? and how can you claim the word "bay" in any meaning or any name.I live in the BAY AREA and there are multiple business's that use "EAST BAY" or the word BAY in their business names.Its in the dictionary,not a unique word by no means.I like how auctioneering used the definition of " a trap with 3 sides blocking you in" yah,ebay has trapped alot of people into relying on them to make a living by selling on the site and building a clientel,then changing the rules and policies to better profit only for ebays gain.I hope EBAY sinks deep into the BAY.
Posted by BobbyGreen2008 (2 comments )
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I also have share.....what is going on.............
Posted by wfgayd (1 comment )
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I also have five shares in BidBay These were given to me by Bidbay in 2000 for joining the site Are they worth anything, if so what do I do?
Posted by Angelwings12 (1 comment )
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