Bally Total Fitness Holding Corporation v. Faber

29 F. Supp. 2d 1161 (1998)

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Bally Total Fitness Holding Corporation v. Faber

United States District Court for the Central District of California
29 F. Supp. 2d 1161 (1998)

EC

Facts

Bally Total Fitness Holding Corp. (Bally) (plaintiff) owned the registered trademarks for Bally and Bally Total Fitness. Andrew Faber (defendant) operated a website he called Bally Sucks. Faber’s website was dedicated to complaints about Bally’s health-club business. The website contained Bally’s mark with the word “sucks” printed across it. Faber’s website said that it was not authorized by Bally. Bally sued Faber for trademark infringement and trademark dilution in violation of the Lanham Act, 15 U.S.C. § 1051 et seq.

Rule of Law

Issue

Holding and Reasoning (Pregerson, J.)

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