March 05, 2004

6th Circuit understands domain name cases

In Lucas Nursery & landscaping v. Grosse, (Mar 5, 2004) the 6th Cir. held that a domain name registrant of the domain name "lucasnursery.com", who used the site to detail her complaints against plaintiff, did not violate the Anticybersquatting Consumer Protection Act because plaintiff did not prove bad faith, multiple sites were not registered and because the practice of informing fellow consumers of one's experience with a particular service provider is not inconsistent with the ACPA's main objectives.

Previously, in Taubman v. Webfeats, the 6th Circuit held that the registration of several gripe sites incorporating plaintiff's trademarks into the domain names was protected by the First Amendment.

I know that these cases may seem bad for business owners, especially ones who may be slow in registering their domain names, but it seems to me that the 6th Circuit is clearly getting these cases right.

Apparently, the UK Courts get this too.

see also: DTOW: Trademarks and the First Amendment


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