Property I, Pages 111–114

DaimlerChrysler v. The Net Inc.

United States Court of Appeals for the Sixth Circuit, 2004

Facts:

DaimlerChrysler registered 4adodge.com in 1995 and set up a website using that domain name. A year later, defendants registered "foradodge.com" and "foradodge.net" under a fake company name. Defendant claims he planned to use this domain for his services to "dodge" "society's general paradigm." For most of 1998, the website contained a link to a pornographic website. In 1999, Congress passed the Anti-Cybersquatting Consumer Protection Act.

Procedural History:

The district court granted summary judgment to the plaintiff and enjoined the defendants from using the "foradodge" name any further.

Issues:

  • Did 4ADDODGE qualify as a protected trademark?

  • Did the defendants have a bad faith intent to profit when it registered the domain name?

Rule:

Pages 111–112, 112–113The Anti-Cybersquatting Consumer Protection Act

Reasoning:

The DODGE mark is agreed to be protected and has been for over seventy years. 4ADODGE has been heavily advertised and used for years, including on the website in question.

Defendants met all but one of the factors to consider in determining whether a bad faith intent to profit was established.

Holding:

Yes, 4ADODGE was a protected trademark which the defendants violated in bad faith. Affirmed.

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