BidBay returns fire in eBay lawsuit

Online auctioneer files a motion to dismiss a trademark infringement claim by its rival, which asserts that BidBay misuses the word "bay" in its name to suggest a likeness to eBay.

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

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