Lucas Nursery and Landscaping, Inc. v. Grosse
United States Court of Appeals for the Sixth Circuit
359 F.3d 806 (2004)
After becoming dissatisfied with landscaping work performed by Lucas Nursery and Landscaping, Inc. (Lucas) (plaintiff), which had no website or registered trademark for its name, Michelle Grosse (defendant) registered the domain lucasnursery.com solely to publish her account of her negative experience; Lucas sued under the Anti-Cybersquatting Consumer Protection Act (ACPA), and the district court granted Grosse summary judgment, prompting Lucas's appeal.
Whether the nine factors for determining bad-faith intent to profit under the Anti-Cybersquatting Consumer Protection Act are meant to serve as a guide, not a replacement for direct application of the underlying question.