United States Sixth Circuit

In a case arising from defendant's use of the domain name www.audisport.com to sell goods and merchandise displaying Audi's name and trademarks, summary judgment, injunctive relief, and an award of attorneys' fees to Audi on trademark, trade dress, and AntiCybersquatting Consumer Protection Act (ACPA) claims are affirmed where: 1) there was a likelihood of confusion for purposes of trademark infringement, and defenses to the claim including laches, consent, and fair use, failed; 2) trademark dilution was proven; 3) a finding that defendant violated the ACPA was proper; 4) injunctive relief was warranted; and 5) given his bad faith use of counterfeit marks, the district court did not abuse its discretion in awarding attorneys' fees under 15 U.S.C. section 1117(a).

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• Before MARTIN and COOK, Circuit Judges;  BERTELSMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Damian G. Wasserbauer, Intellectual Property Advisors, LLC, Canton, Connecticut, for Appellant.  Gregory D. Phillips, Howard, Phillips & Anderson, Salt Lake City, Utah, for Appellees.   ON BRIEF:  Damian G. Wasserbauer, Intellectual Property Advisors, LLC, Canton, Connecticut, for Appellant.  Gregory D. Phillips, Cody W. Zumwalt, Howard, Phillips & Anderson, Salt Lake City, Utah, for Appellees.