eBay, Inc. v. Bidder's Edge, Inc.

Good Law

100 F. Supp. 2d 1058·2000 WL 764197·54 U.S.P.Q. 2d (BNA) 1798·2000 U.S. Dist. LEXIS 7287

United States District Court, Northern District of CaliforniaMay 24, 2000C-99-21200RMWCalifornia8,432 words

Opinion

Whyte, J.

ORDER GRANTING PRELIMINARY INJUNCTION

Plaintiff eBay, Inc.’s (“eBay”) motion for preliminary injunction was heard by the court on April 14, 2000. The court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the court preliminarily enjoins defendant Bidder’s Edge, Inc. (“BE”) from accessing eBay’s computer systems by use of any automated querying program without eBay’s written authorization.

I. BACKGROUND

eBay is an Internet-based, person-to-person trading site. (Jordan Decl. ¶ 3.) eBay offers sellers the ability to list items for sale and prospective buyers the ability to search those listings and bid on items. (Id.) The seller can set the terms and conditions of the auction. (Id.) The item is sold -to the highest bidder. (Id.) The transaction is consummated directly between the buyer and seller without eBay’s involvement. (Id.) A potential purchaser looking for a particular item can access the eBay site and perform a key word search for relevant auctions and bidding status. (Id.) eBay has also created category listings that identify items in over 2500 categories, such as antiques, computers, and dolls. (Id.) Users may…

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