Bargain Bid LLC v. uBid, Inc., 2000 WL 978706, 2000 U.S. Dist. LEXIS 3021 (E.D.N.Y. Jan. 3, 2000).
Factual Background Edit
Plaintiff operated an online auction featuring computer goods and services at "bargainbid.com." Belcher registered the domain name "barginbid.com," a slight misspelling of plaintiff's "bargainbid.com" name. When users reached Belcher's "barginbid.com" site, they were provided with a link to Ubid, an online auction site competitor of Bargain Bid. Belcher was a member of Ubid's affiliate program, which paid website owners a fee for linking to the Ubid site.
Trial Court Proceedings Edit
Relying on the ACPA, the court preliminarily enjoined defendants (including Belcher's web host, digitalNATION) from using the Bargain Bid and Barginbid marks and names, and from indicating in any way sponsorship, approval, or affiliation with Bargain Bid.
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