Bosley Medical Group. v. Kremer
United States Court of Appeals for the Ninth Circuit
403 F.3d 672 (2005)
Bosley Medical Group (Bosley) (plaintiff) holds a registered trademark for hair-restoration services. Michael Kremer (defendant), unhappy after a hair-replacement procedure and an unsuccessful malpractice suit against Bosley, purchased the domain bosleymedical.com and told Bosley he intended to publicize his complaints. He then posted criticism of Bosley on the site; he earned no income from it, but it linked to other websites advertising Bosley's competitors. Bosley sued for trademark infringement, dilution, and cybersquatting. The district court granted summary judgment for Kremer, finding the site noncommercial and unlikely to confuse consumers. Bosley appealed.
Whether the noncommercial use of a trademark as a domain name constitutes trademark infringement or dilution.