Electronics Boutique Holdings Corporation v. Zuccarini
United States District Court for the Eastern District of Pennsylvania
56 U.S.P.Q. 2d 1705 (2000)
Electronics Boutique Holding Corp. (EB) (plaintiff) was a retailer specializing in video games and computer software. EB operated out of physical retail stores and sold its products through the Internet. EB registered several trademarks, including EB and Electronics Boutique. EB’s online store could be accessed through ebworld.com and electronicsboutique.com. John Zuccarini (defendant) registered the domain names electronicboutique.com, electronicbotique.com, ebwold.com, and ebworl.com. When a customer typed in one of Zuccarini’s misspelled domain names, the customer would receive numerous pop-up advertisements. Zuccarini received a fee from the advertisers for every click. EB sued Zuccarini, claiming Zuccarini had violated the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d). EB presented evidence of one customer who was confused by the domain misspellings and believed that EB was associated with one of Zuccarini’s misspellings.
Rule of Law
Holding and Reasoning (Schiller, J.)
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