Internet Specialties West Inc. v. Milon-DiGiorgio Enterprises, Inc.

559 F.3d 985 (2009)

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Internet Specialties West Inc. v. Milon-DiGiorgio Enterprises, Inc.

United States Court of Appeals for the Ninth Circuit
559 F.3d 985 (2009)

SH

Facts

Internet Specialties West Inc. (ISW) (plaintiff) and Milon-DiGiorgio Enterprises, Inc. (MDE) (defendant) were internet service providers that offered similar services, including internet access, email, and web-hosting. More specifically, ISW offered dial-up, DSL, and T-1 internet access nationwide, while MDE offered dial-up internet access to the southern California area. ISW had used the domain name “IS-West.com” in connection with its services since 1996, and MDE had used the domain name “ISPWest.com” since 1998. Even though ISW had become aware of MDE around that time, it took no action against MDE’s use of the name “ISPWest” because ISW did not believe that MDE’s regional service offerings competed with its own nationwide service. MDE expanded to nationwide service in 2002 and began offering DSL in 2004. Between 1998 and 2004, MDE grew from 2,000 customers to 13,000, and its sales nearly quadrupled. In 2005, ISW sued, alleging MDE’s use of the name “ISPWest” constituted trademark infringement under the Lanham Act. The district court issued an injunction against the use of the name “ISPWest” after finding that MDE had infringed on ISW’s trademark and, further, that MDE was not entitled to a laches defense. MDE appealed.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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