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TCPIP Holding Co., Inc. v. Haar Communications Inc.

244 F.3d 88 (2001)

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TCPIP Holding Co., Inc. v. Haar Communications Inc.

United States Court of Appeals for the Second Circuit
244 F.3d 88 (2001)

  • Written by Jody Stuart, JD

Facts

TCPIP Holding Company, Inc. (TCPIP) (plaintiff) operated children’s clothing and accessories stores under the registered mark The Children’s Place. Haar Communications, Inc., and Richard Haar (collectively, Haar) (defendants) registered the domain name thechildrensplace.com, intended for a future website hosting links to child-related resources. Haar later registered additional domain names containing variations of the words children and place. Haar’s domain names varied in degree of similarity to The Children’s Place mark. TCPIP filed a complaint for trademark infringement and dilution, as well as a motion for a preliminary injunction. The district court granted the motion and prohibited Haar from using any of the domain names at issue. Haar appealed.

Rule of Law

Issue

Holding and Reasoning (Leval, J.)

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