Bosley Medical Group. v. Kremer

403 F.3d 672 (2005)

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Bosley Medical Group. v. Kremer

United States Court of Appeals for the Ninth Circuit
403 F.3d 672 (2005)

Facts

Bosley Medical Group (Bosley) (plaintiff) had a registered trademark for hair-restoration services. In the early 1990s, Michael Kremer (defendant) underwent a hair-replacement procedure with Bosley and was unhappy with the results. Kremer filed an unsuccessful medical-malpractice suit. In 2000, Kremer purchased bosleymedical.com and informed Bosley that Kremer intended to disseminate his dissatisfaction with Bosley’s services publicly. In 2001, Kremer began publishing information critical of Bosley on bosleymedical.com. Kremer derived no income from the website, but the website provided links to other websites featuring advertisements for Bosley’s competitors. Bosley sued Kremer for trademark infringement, dilution, cybersquatting, and other claims. The district court granted summary judgment in favor of Kremer, holding that the website was noncommercial and unlikely to cause consumer confusion. Bosley appealed.

Rule of Law

Issue

Holding and Reasoning (Silverman, J.)

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