Yesterday's decision: Coca-Cola Company v. Purdy, Case No. 02-2894 (8th Cir., Sept. 1, 2004), is important reading for persons confronting cybersquatting disputes. Here are some highlights.
On the first element of the claim, the court states:
"The Question under the ACPA is not whether the domain names which Purdy registered are likely to be confused with a plaintiff's domain name, but whether they are identical or confusingly similar to a plaintiff's mark. The inquiry under the ACPA is thus narrower than the traditional multifactor likelihood of confusion test for trademark infringement. The fact that confusion about a website's source ... more »
