SAN JOSE, Calif. (AP) Internet auction leader eBay Inc. is suing a small rival called BidBay.com, saying it copied eBays look and feel to attract buyers and sellers.
EBays trademark-infringement lawsuit, filed Monday in federal court in San Jose, seeks damages and an injunction against BidBay. BidBays founder and president didnt immediately return a call seeking comment.
EBay lawyers complained that BidBay improperly uses the word bay in its title and displays a rainbow-colored logo to give users a sense of its similarity to eBay. EBay lets users keep track of their buying and selling with a my eBay function. BidBay has one called my BidBay.
BidBay also hosts photos for eBay sellers. The lawsuit contends that BidBay exploits that connection by making its home page pop up in a new window when eBay users peruse an item with a photo hosted by BidBay.
We are aware of a number of instances where users werent clear or wondered about the connection between us and BidBay, said Jay Monahan, eBays associate general counsel for intellectual property.
BidBay.com, based in Tujunga, was launched last year by George Tannous, a former Internal Revenue Service agent who said he was frustrated by the unfriendly attitude and lack of service on eBay.
According to BidBays Web site, Tannous bought the domain name for $1,000 from a man who had put it up for sale on eBay.
One of BidBays vice presidents, Wes Cooley, is a former congressman from Oregon who was forced to quit his re-election campaign in 1996 amid accusations he had lied about fighting in the Korean War. He was convicted of lying about his record in the Oregon Voters Pamphlet and sentenced to two years of probation.
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