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Lanham Act

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Rigsby v. GoDaddy Inc., No. 21-16182, 2023 U.S. App. LEXIS 2737 (9th Cir. Feb. 3, 2023)

Plaintiff had no viable claim against GoDaddy for selling a domain name to a third party purchaser after plaintiff failed to pay GoDaddy the renewal fee for that domain name.  GoDaddy was not liable under the Lanham Act because the purchaser rather than GoDaddy used the domain name in commerce.  Also, GoDaddy was immune from the claim under the Anticybersquatting… Read More

P & P Imps. Ltd. Liab. Co. v. Johnson Enters., Ltd. Liab. Co., Nos. 21-55013, 21-55323, 2022 U.S. App. LEXIS 23688 (9th Cir. Aug. 24, 2022)

A trade dress need not be associated in the public mind with a particular manufacturer or other provider in order to acquire secondary meaning and thus be protectible under the Lanham Act.  It is enough to show that the public thinks the product in that dress comes from a single source, even if the public cannot identify which source that… Read More