United States Tenth Circuit

In an action claiming trademark infringement, unfair competition, and cybersquatting, summary judgment for defendant is affirmed where: 1) trademark infringement and unfair competition claims failed as plaintiff did not show that "Utah Lighthouse" was protectable, that defendant's use was in connection with any goods or services, and that defendant was likely to cause confusion among consumers as to the source of goods sold on its online bookstore; 2) defendant lacked a bad faith intent to profit from the use of plaintiff's trademark in several domain names under the Anti-Cybersquatting Protection Act (ACPA); and 3) defendant's website met safe harbor conditions of the ACPA since it was a parody.

Appellate Information

• Decided 05/29/2008
• Published 05/29/2008

Judges

• PARKER, District Judge., Before TYMKOVICH and GORSUCH, Circuit Judges, and PARKER, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Paul C. Oestreich, Morriss, O'Bryant Compagni, P.C., Salt Lake City, Utah, for Plaintiff-Appellant.


• For Appellees:
  
• Lance C. Starr, American Fork, Utah, appearing for Defendants-Appellees Discovery Computing, Inc. and Allen Wyatt.  D. Miles Holman (Jeffrey N. Walker with him on the brief), Holman & Walker, L.C., Sandy, Utah, for Defendants-Appellees Foundation for Apologetic Information & Research and Scott Gordon.