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· 2/28/2000

OBH, Inc. v. Spotlight Magazine, Inc.

Citations

  • 86 F. Supp. 2d 176
  • 54 U.S.P.Q. 2d (BNA) 1383
  • 2000 U.S. Dist. LEXIS 4462

How courts have described this case

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

  • holding thebuffalonews.com to infringe and dilute the trademark, \The Buffalo News.\
  • “Whether a particular domain name is entitled to protection under the First Amendment depends on the extent of its communicative message.”
  • “[T]he Court cannot compare the two web sites in terms of superior or inferior quality.”
  • “Thus, even if users will easily recognize, upon reaching defendants’ web site, that it is only a parody, the use of plaintiffs’ mark as the site’s domain name ... creates initial interest confusion”
  • “[T]he national, and even international, nature of the Internet itself makes defendants’ use of plaintiffs’ trademark as a domain name a ‘use in commerce’ for purposes of the Lanham Act.”
  • “Use of another’s trademark is entitled to First Amendment protection only when the use of that mark is part of a communicative message, not when it is used merely to identify the source of a product.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arcara

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.