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Planned Parenthood Federation of America, Inc. v. Bucci

42 U.S.P.Q.2d (BNA) 1430 (S.D.N.Y. 1997)

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Planned Parenthood Federation of America, Inc. v. Bucci

United States District Court for the Southern District of New York

42 U.S.P.Q.2d (BNA) 1430 (S.D.N.Y. 1997)

Facts

Richard Bucci (defendant) registered the domain name plannedparenthood.com. Bucci was a participant in the anti-abortion movement. When users visited plannedparenthood.com, they were greeted with information about an anti-abortion book. Planned Parenthood Federation of America, Inc. (Planned Parenthood) (plaintiff) was a nonprofit, reproductive-health-care organization. Planned Parenthood alleged that Bucci used Planned Parenthood’s mark with the intent to damage Planned Parenthood’s reputation and to confuse Internet users. Bucci stated that his intention in using plannedparenthood.com was to reach a pro-abortion audience, including users who sought Planned Parenthood’s homepage. Bucci also said that he wanted to promote the book that was featured on the website. Bucci received no money from any sales of the book through the website. Planned Parenthood sued under the Lanham Act, which forbids a party from using another’s registered trademark for commercial purposes. Bucci argued that his use of Planned Parenthood’s mark was noncommercial and, thus, not subject to the Lanham Act.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

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