DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022894P.pdf 09/01/2004 Coca-Cola Company v. William S. Purdy
U.S. Court of Appeals Case No: 02-2894
and No: 03-1929
and No: 03-1795
and No: 03-1795
District of Minnesota
Civil Case - Anticybersquatting Consumer Protection Act. District court
did not abuse its discretion in granting permanent injunctive relief to
trademark holders against registerer of domain names that are identical or
confusingly similar to the mark and in finding bad faith intent to profit
under the ACPA. First Amendment does not protect use of mark in
domain name to attract unwitting and unwilling audience to message of
domain name holder, and domain name holder lacked reasonable grounds
to believe his conduct was lawful and entitled to safe harbor provision.
Preliminary injunction did not constitute prior restraint, and was neither
impermissibly vague nor overbroad. Appeal from contempt orders are
dismissed for lack of jurisdiction, as they are nonappealable interlocutory
orders. [PUBLISHED] [Murphy, Author, with Smith and Colloton,
Circuit Judges]