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Bally Total Fitness Holding Corporation v. Faber

United States District Court for the Central District of California

29 F. Supp. 2d 1161 (1998)

Intellectual Property
Relevant factsFree

Bally Total Fitness (plaintiff) owned trademarks in "Bally" and "Bally Total Fitness." Andrew Faber (defendant) ran a website called "Bally Sucks" that displayed Bally's mark with "sucks" printed across it and stated the site was not authorized by Bally. Bally sued Faber for trademark infringement and dilution under the Lanham Act.

IssueFree

Whether using a business's trademark on a website dedicated to consumer commentary and criticism about the business constitutes trademark infringement or trademark dilution under the Lanham Act.

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