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Sporty’s Farm L.L.C. v. Sportsman’s Market, Inc.

United States Court of Appeals for the Second Circuit
202 F.3d 489 (2d Cir. 2000), cert. denied 530 U.S. 1262 (2000)


Sportsman’s Market, Inc. (Sportsman’s Market) (plaintiff) was a mail-order catalogue that offered products related to aviation and other activities. In the 1960s, Sportsman’s Market registered a “sporty’s” trademark, which became well known in the aviation business. In 1995, Arthur and Betty Hollander (defendants), the owners of a competing aviation catalogue, registered the domain name “sportys.com.” Nine months later, the Hollanders then sold the domain name to Sporty’s Farm LLC (Sporty’s Farm) (defendant), a newly formed subsidiary that the Hollanders also controlled. Sporty’s Farm sold Christmas trees. Sporty’s Farm brought a declaratory judgment action against Sportsman’s Market, and Sportsman’s Market counterclaimed for trademark infringement and dilution. Both parties sought to control “sportys.com.” The district court denied the infringement claim but granted relief for the dilution claim. The district court held that the registration of the “sportys.com” domain name deprived Sportsman’s Market of the ability to distinguish its business on the Internet. The district court compelled Sporty’s Farm to transfer control of “sportys.com” to Sportsman’s Market. Both parties appealed. During the pendency of the appeals, Congress passed the Anticybersquatting Consumer Protection Act (ACPA).

Rule of Law


Holding and Reasoning (Calabresi, J.)

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