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Prevailing ACPA Defendant Awarded Attorneys Fees

by Mark VB Partridge on Thu 29 Jul 2004 05:30 PM EDT | Permanent Link

After losing a perliminary injunction motion, the plaintiff, a suburban Chicago car dealer, continued to pursue its case against the use of the domain names gurneevolkswagen.com and gurneevolkswagon.com used by a dissatisfied customer to post her complainant about her experience with the car dealer. Judge Holderman ruled that the car dealer did not own rights in the GURNEE VOLKSWAGEN mark and that the defendant's noncommerical use of the domain name to voice her complaints did not violate the ACPA. Concluding that the prosecution of the case was oppressive, the Court granted the defendant's motion for attorney's fees. Rohr-Gurnee Motors Inc. v. Patterson, 71 U.S.P.Q.2d (N.D.Ill. 2004). The disputed domain names now lead to the car dealer's site.

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