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eBay Versus ZuMedia: UKBAY Trademark Case

eBay Versus ZuMedia: UKBAY Trademark Case

On 16th November 2018, UK Intellectual Property Office (UKIPO) delivered a decision in which eBay failed to stop the registration of UKBAY trademark. A games company, SC ZuMedia Games applied to register a figurative trademark ' UKBAY'. eBay filed an opposition against it on the basis of its earlier registered trademarks. The mark sits next to a circular device in pink and blue colors in 2017.  The trademark covers classes 35 for advertising and business management services and class 38 for telecom services.

eBay had filed a suit against the registration of the mark 'UKBAY' in UKIPO. eBay has registered their mark for advertising and telecom services in various colors, including red, green, blue, and yellow. According to the suit, there is a great deal of similarity between the two marks, which can confuse the consumers.

In this suit, eBay further stated that both of these companies provide similar services to their customers in some areas. Therefore, it is more likely for the customers to be confused if there is any similarity between the marks. However, UKIPO did not agree to the claims of this suit & stated there is a clear visual difference between these two marks, as there is a circular device in the applied mark. So, there is no chance of direct confusion among the consumers of these two companies. However, there is a chance of indirect confusion; some of the customers may think these two services to be related to each other.

However, eBay has succeeded in respect of advertising in class 35, but the applied mark is registered for other services in class 35 and telecom services in class 38. IPO believed that ZuMedia had better share of success in the proceedings, hence, it ordered eBay to pay 560 Euros to ZuMedia towards its costs.

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