Morrison & Foerster LLP v. Wick

94 F. Supp. 2d 1125 (2000)

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Morrison & Foerster LLP v. Wick

United States District Court for the District of Colorado
94 F. Supp. 2d 1125 (2000)

  • Written by Tammy Boggs, JD

Facts

Morrison & Foerster LLP (MoFo) (plaintiff) was a well-known law firm that had long held the trademark for its name. MoFo also owned the trademark for “MOFO.” MoFo owned the domain name www.mofo.com and used the website to promote MoFo’s legal services, among other uses. Brian Wick (defendant) had a practice of registering domain names for which he did not own the trademarks or any intellectual-property rights. By his own admission, Wick enjoyed “messing” with corporations and law firms, i.e., he was amused and entertained by using marks that did not belong to him. In 1999, Wick registered www.morrisonfoerster.com, www.morrisonandfoerster.com, and two other domain names that slightly misspelled MoFo’s name (the four sites). MoFo tried to register some of the same domain names, but Wick had done so three days before MoFo could. The four sites were very different from MoFo’s official website. The four sites contained statements that supposedly parodied MoFo such as, “We’re your paid friends!” and “Best friends money can buy.” MoFo sued Wick and Wick’s company (defendant), alleging a violation of the Anticybersquatting Consumer Protection Act (ACPA). MoFo sought injunctive relief, requesting transfer or cancellation of the four sites. Wick’s primary defense was that he was using the four sites to parody MoFo.

Rule of Law

Issue

Holding and Reasoning (Babcock, J.)

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