May 1, 2009

Fifth Circuit Faults Court for Not Considering Fair Use in Domain Squatting

May 1st 2009

In a win for both fair use advocates and brand holders, the Fifth Circuit has interpreted the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and the duty of trial courts to carefully consider fair use and irreparable harm issues when ruling on a request for injunctive relief.  See Southern Co. v. Dauben Inc. The […]