APPLIED INFORMATION SCIENCES CORP. v. EBAY, INC.

Nos. 05-56123, 05-56549.

511 F.3d 966 (2007)

APPLIED INFORMATION SCIENCES CORP., a California corporation, Plaintiff-Appellant, v. EBAY, INC., a Delaware corporation, Defendant-Appellee. Applied Information Sciences Corp., a California corporation, Plaintiff-Appellee, v. eBay, Inc., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2007.


Attorney(s) appearing for the Case

Joanna M. Esty, Angela C. Agrusa (argued), Wendy E. Lane, Liner Yankelevitz Sunshine & Regenstreif LLP, Los Angeles, CA, for appellant/cross-appellee.

Michael T. Zeller (argued), Daniel H. Bromberg, Patrick C. McGannon, Elizabeth B. Wydra, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, for appellee/cross-appellant.

Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JEREMY D. FOGEL, District Judge.


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...

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