United States Fifth Circuit

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TMI INC. v. MAXWELL, 03-20243, 03-20291

Defendant's website, complaining about plaintiff company, was a non-commercial gripe site, did not violate the anti-dilution or the Anti-Cybersquatting Consumer Protection Act sections of the Lanham Act, and did not violate the Texas Anti-Dilution statute. The website had no commercial purpose and defendant had no bad faith intent to profit; judgment reversed and rendered for defendant.

Appellate Information

  • Decided 04/21/2004
  • Published 04/21/2004


  • PRADO, Circuit Judge:, Before DAVIS, BARKSDALE and PRADO, Circuit Judges.


  • United States Fifth Circuit


  • For Appellees:
  • J. Timothy Headley (argued), Gardere Wynne Sewell, Houston, TX, for Plaintiff-Appellee., Paul Alan Levy (argued), Pub. Citizen Lit. Group, Washington, DC, for Defendant-Appellant.