Mattel filed suit and moved for summary judgment on its claims relating to the Anticybersquatting Consumer Protection Act (ACPA). The defendant had registered the domain names "barbiesbeachwear.com" and "barbiesclothing.com" and "parked" them at the Adventure Apparel website. The result was that any of the three domain names lead to the Adventure Apparel website. Mattel filed suit alleging that the domain names violated the ACPA. The court held that the domain names were both dilutive of, and confusingly similar to, Mattel's BARBIE trademark. In addition, after analyzing the nine factors for a "bad faith intent," the court concluded that the defendant had a bad faith intent to profit from the use of the BARBIE trademark in the domain names. As such, the court granted summary judgment in favor of Mattel.
Keywords: domain names, trademark, cybersquatting
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