Domain Names And Dilusion Of Trademarks

The case of E. & J. Gallo Winery v. Spider Webs Ltd, considered the issue of dilution of a trademark through the use of domain names. In this case, plaintiff, a holder of a trademark, sued defendant under the Anti-Cyber Squatting Act and under Texas Anti-delusion and Trademark Law. The case was decided in 2002 and became one of the first cases in applying ("ACPA") together with state intellectual property laws. Cyber squatting of domain names will not be permitted and state and federal laws provide remedies to prevent this type of action that directly affect trademarks. Although the Internet permits the exercise of free speech, United States courts have been prompt to ban borderline exercise of free speech, especially when it infringes upon intellectual property rights.

The following questions have been addressed in this article:

What is the Anticybersquatting Consumer Protection Act?
Aren’t domain names on a first come, first served basis?
Who were the parties and the facts underlying the case of E. & J. Gallo Winery v. Spider Webs Ltd?
What is dilution by blurring and tarnishment?
What did the lower court and the appellate court determine in of E. & J. Gallo Winery v. Spider Webs Ltd?

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