Legal Opinion

Marshall Block v. Ebay, Inc.

Court of Appeals for the Ninth Circuit

Decided April 1, 2014No. 12-16527PublishedCited by 14 opinions

1Opinion of the Court

OPINION

FARRIS, Senior Circuit Judge:

Marshall Block argues that ebay.com’s Automatic Bidding system breaches two provisions of eBay’s User Agreement, violates California’s Unfair Competition Law, and constitutes intentional interference with prospective economic advantage. 1 The district court dismissed Block’s complaint pursuant to Rule 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

One of the ways in which goods are sold on eBay, possibly the “world’s largest online marketplace,” is through traditional auctions. Bidding in traditional auctions is conducted through…

2Cases cited15 opinions

  1. Kearns v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 2009
  2. Korea Supply Co. v. Lockheed Martin Corp.California Supreme Court · 2003
  3. In Re Tobacco II CasesCalifornia Supreme Court · 2009
  4. Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
  5. Kasky v. Nike, Inc.California Supreme Court · 2002

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3Cited by14 opinions

  1. Allen v. Hyland's Inc.District Court, C.D. California · 2014
  2. Brown v. Google LLCDistrict Court, N.D. California · 2021
  3. Chukwuemeka Ndulue v. Fremont-Rideout Health GroupCourt of Appeals for the Ninth Circuit · 2019
  4. City of Los Angeles v. Cellco PartnershipDistrict Court, E.D. California · 2019
  5. City of Los Angeles v. New Cingular Wireless National Accounts, LLCDistrict Court, E.D. California · 2019

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