Background
In 1995, Doughney registered the domain name peta.org for the fictitious organization "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.
Read more about this topic: People For The Ethical Treatment Of Animals V. Doughney
Famous quotes containing the word background:
“Silence is the universal refuge, the sequel to all dull discourses and all foolish acts, a balm to our every chagrin, as welcome after satiety as after disappointment; that background which the painter may not daub, be he master or bungler, and which, however awkward a figure we may have made in the foreground, remains ever our inviolable asylum, where no indignity can assail, no personality can disturb us.”
—Henry David Thoreau (1817–1862)
“I had many problems in my conduct of the office being contrasted with President Kennedy’s conduct in the office, with my manner of dealing with things and his manner, with my accent and his accent, with my background and his background. He was a great public hero, and anything I did that someone didn’t approve of, they would always feel that President Kennedy wouldn’t have done that.”
—Lyndon Baines Johnson (1908–1973)