audi ag v. damato /

Published at 2006-11-27 10:00:00

(United States Sixth Circuit) - In a case arising from defendant's expend 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 unprejudiced expend, and 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 expend of counterfeit marks,the district court did not abuse its discretion in awarding attorneys' fees under 15 U.
S.
C. section 1117(a).

Source: findlaw.com

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