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Auctionbytes-NewsFlash, Number 1789 - May 14, 2008 - ISSN 1539-5065
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Craigslist Sues eBay for Business Interference and Anti-Competitive Actions
By Ina Steiner
AuctionBytes.com
May 14, 2008
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On a corporate blog post, Craigslist CEO Jim Buckmaster accused eBay of unlawful and unfair competition, misappropriation of proprietary information, deceptive passing-off, business interference, false advertising, phishing attacks, free-riding, trademark infringement, trademark dilution, and breaches of fiduciary duty.
eBay had filed a corporate governance lawsuit against Craigslist in the Court of Chancery of the State of Delaware on April 22 accusing Craigslist founder Craig Newmark and CEO Buckmaster of breaching their fiduciary duties in violation of Delaware corporate law (http://www.auctionbytes.com/cab/abn/y08/m05/i01/s01).
In return, Craigslist filed a lawsuit against eBay on May 13, 2008, in the Superior Court in San Francisco for breach of fiduciary duty. The lawsuit alleges eBay engaged in anti-competitive behavior and also claimed trademark infringement and false advertising. Craigslist alleged that eBay placed ads on the Google website featuring Craigslist's name, but directed users to eBay.com and Kijiji.com.
Craigslist requested a jury trial. A case management conference is set for October 19, 2008. Among other relief, Craigslist is asking the court to order eBay to restore to Craigslist "all shares of the company acquired by means of, or for the purpose of unfair competition, and (4) pay punitive damages for their malicious behavior."
The fulltext of the complaint is available on the Craigslist blog (http://blog.craigslist.org/2008/05/unlawful-and-unfair).
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