|
''People for the Ethical Treatment of Animals v. Doughney'', 263 F.3d 359 (4th Cir. 2001), was an important Internet domain trademark infringement decision by the United States Court of Appeals for the Fourth Circuit. Michael Doughney registered the domain name peta.org in 1995 and created a website called "People Eating Tasty Animals". The site described itself as "a resource for those who enjoy eating meat, wearing fur and leather, hunting and the fruits of scientific research".〔Sonja Barisic, ''(Court orders owner of PETA parody site to relinquish address )'', Associated Press (June 20, 2000).〕 People for the Ethical Treatment of Animals (PETA) sued Doughney, alleging trademark infringement, trademark dilution, and cybersquatting. The case was initially heard in the United States District Court for the Eastern District of Virginia, and both parties cross-appealed. The circuit court affirmed the district's court ruling, which had granted summary judgment to PETA. However, the court denied PETA's cross-appeal for attorney's fees and costs, because it held that Doughney's action was not malicious.〔''People for Ethical Treatment of Animals v. Doughney'', (263 F.3d 359 ) (4th Cir. 2001).〕〔McCullagh, Declan (August 25, 2001). ("Ethical Treatment of PETA Domain" ). ''Wired''.〕 ==Background== In 1995, Doughney registered the domain name peta.org for his website titled "People Eating Tasty Animals". The website contained links to over 30 sites including some that promoted the sale of leather goods and meats. At the bottom of the page, the website inquired "Feeling lost? Offended? Perhaps you should, like, ''exit immediately''" and provided a link to the actual People for the Ethical Treatment of Animals website. In 1996, PETA requested that Doughney voluntarily transfer the domain name, because it owned the trademark "PETA". Doughney refused to do so, leading to the lawsuit. PETA asserted claims of service mark infringement, unfair competition, trademark dilution, and cybersquatting. Initially, PETA did not seek compensation other than enjoining Doughney from using the peta.org domain and an order to transfer peta.org to PETA. The district court ruled in favor of PETA in its summary judgment, leading to the appeal of the case to the circuit court. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「People for the Ethical Treatment of Animals v. Doughney」の詳細全文を読む スポンサード リンク
|