Legal Opinion
Applied Information Sciences Corp. v. eBay, Inc.
Court of Appeals for the Ninth Circuit
Decided December 28, 2007No. 05-56123, 05-56549PublishedCited by 124 opinions
1Opinion of the Court
FISHER, Circuit Judge:
This appeal requires us to clarify what an owner of a federally registered trademark needs to establish in order to mount an infringement action against a user of the trademarked name on goods or services that are not the same as those specified in the owner’s trademark registration. Applied Information Sciences Corp. (AIS) owns the trademark “SmartSearch” for certain computer related search functions, and claims that eBay, Inc. (eBay) uses the name “Smart Search” for its Internet auction website, which AIS contends will be confused with its “SmartSearch” product. The…
2Cases cited18 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Does I thru XXIII v. Advanced Textile Corp.Court of Appeals for the Ninth Circuit · 2000
- Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
- Transgo, Inc. v. Ajac Transmission Parts Corp.Court of Appeals for the Ninth Circuit · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- Pom Wonderful v. Robert Hubbard, Jr.Court of Appeals for the Ninth Circuit · 2014
- Southern California Darts Assn v. Dino M. ZaffinaCourt of Appeals for the Ninth Circuit · 2014
- Mindys Cosmetics, Inc. v. DakarCourt of Appeals for the Ninth Circuit · 2010
- Otr Wheel Engineering v. West Worldwide ServicesCourt of Appeals for the Ninth Circuit · 2018
- Cytosport, Inc. v. Vital Pharmaceuticals, Inc.District Court, E.D. California · 2009
119 more not listed; retrieve them via the Exa API.