A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the ACPA.
Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial. See Bosley Medical Institute, Inc. v. Bosley Medical Group, 2005 U.S. App. LEXIS 5329 (9th Cir., April 4, 2005).
Kremer's ... more »
