CD Solutions, Inc. v. Tooker, 15 F.Supp.2d 986, 47 U.S.P.Q.2d (BNA) 1755 (D. Or. 1998) (full-text).
Factual Background Edit
Plaintiff, a manufacturer of CD-ROM compact discs, sought a declaratory judgment that its domain name “cds.com” did not violate defendant’s rights in the trademark CDS (which stands for “Commercial Documentation Services”) for desktop publishing and printing services.
Trial Court Proceedings Edit
The court granted plaintiff’s motion for summary judgment, finding that defendant could not preclude plaintiff’s use of the “cds.com” domain name in reference to compact disc products and services. The term “CDS” was generic for compact discs, and defendant thus could not expand the scope of its rights in the CDS mark to include plaintiff’s generic use of that term in its domain name.
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