DaimlerChrysler v. The Net Inc.

388 F.3d 201 (2004)

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DaimlerChrysler v. The Net Inc.

United States Court of Appeals for the Sixth Circuit
388 F.3d 201 (2004)

SC

Facts

In 1995, DaimlerChrysler (plaintiff) registered the domain name 4ADODGE.com. DaimlerChrysler used this website, as well as a phone number, 1-800-4-A-DODGE, to sell its Dodge vehicles. DaimlerChrysler began using the phone number in 1994. DaimlerChrysler owned a registered trademark for “DODGE” and an unregistered trademark for “4ADODGE.” In 1996, The Net Inc. (defendant) registered the domain name foradodge.com. The Net used the domain solely to link to a website that contained a link to a pornographic website. DaimlerChrysler sued The Net for violation of the Anti-Cybersquatting Consumer Protection Act (ACPA). DaimlerChrysler presented evidence that The Net sought to sell the domain name to it. The Net claimed that DaimlerChrysler had made the first contact about the sale. In addition, DaimlerChrysler presented evidence that The Net registered other domain names such as doj.com, espnet.com, and ups.net. The district court granted DaimlerChrysler’s motion for summary judgment. The Net appealed, arguing that it did not register the domain name with a bad faith intent to profit.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

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