Actmedia, Inc. v. Active Media Int'l, Inc., 1996 WL 466527, 1996 U.S. Dist. LEXIS 20814 (N.D. Ill. July 12, 1996).
Factual Background Edit
Actmedia, registrant of the trademark ACTMEDIA, provided advertising and promotional services. Planning to use the Internet for business purposes, Actmedia tried to register the domain name "actmedia.com" but found it had been previously registered by defendant Active Media, a company operating in the same market providing web design and development services.
Trial Court Proceedings Edit
The court granted a permanent injunction to plaintiff, finding that defendant's use of the domain name "actmedia.com" at an Internet website providing services similar to Actmedia's caused a likelihood of confusion about the source of the services. The court also found that defendant's actions constituted dilution under Illinois law. In addition to enjoining defendant from using the mark ACTMEDIA, the court ordered defendant to immediately release and transfer the domain name "actmedia.com" to Actmedia.
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