Computer software engineer Joseph Maxwell registered the domain name www.trendmakerhome.info for a gripe site about TrendMaker Homes. TMI, the owner of the mark, sued for infringement, dilution and cybersquatting. The lower court agreed and awarded TMI $80,000 in statutory damages and attorneys fees.
The Fifth Circuit reversed, concluding that Maxwell's conduct was entirely non-commercial and did not violate the Lanham Act. TMI, Inc. v. Maxwell, Case No. 03-20243 (5th Cir. April 21, 2004).
The Fifth Circuit held that the case only embraced dilution and the ACPA, and therefore there was no need to address the possibility of liability for non-commercial speech under ... more »