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DaimlerChrysler v. The Net Inc.

United States Court of Appeals for the Sixth Circuit

388 F.3d 201 (2004)

Relevant factsFree

DaimlerChrysler (plaintiff) held trademarks for "DODGE" and "4ADODGE" and used the domain 4ADODGE.com along with the phone number 1-800-4-A-DODGE since 1994; The Net (defendant) registered foradodge.com, used it only to link to pornography, had registered other similar domains (doj.com, espnet.com, ups.net), and was allegedly negotiating to sell the domain to DaimlerChrysler. The district court granted DaimlerChrysler summary judgment, and The Net appealed the bad-faith finding.

IssueFree

Whether a plaintiff demonstrates a violation of the Anti-Cybersquatting Consumer Protection Act by showing that it had a distinctive or famous trademark, that the defendant's domain name is identical or confusingly similar to the trademark, and that the defendant registered the domain name with a bad faith intent to profit.

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