Bosley Medical Institute, Inc., a Delaware Corporation, and Bosley Medical Group, S.C., an Illinois Corporation v. Michael Steven Kremer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a dissatisfied customer's use of mark in the domain name of a highly critical website was not in connection with the sale of goods or services
• holding that plaintiff could not use the Lanham Act as a sword to silence noncompetitor defendant’s criticism because defendant’s use of plaintiff’s trademark was not “in connection with the sale of goods”
• holding that because “use in commerce” is merely jurisdictional language, “the district court should have determined ... whether [the defendant’s] use was ‘in connection with a sale of goods or services’ rather than a ‘use in commerce’ ”
• emphasizing that the Lanham Act was “expressly enacted to be applied in commercial contexts,” and that “the appropriate inquiry is whether [the defendant] offers competing services to the public”
• noting Section 1127’s “use in commerce” language does not govern infringement analysis
• “‘Use in commerce’ is simply a jurisdictional predicate to any law passed by Congress under the Commerce Clause.”

Source: CourtListener parenthetical corpus (CC0).