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First Acceptance v. Rogers

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Citation Edit

First Acceptance Corp. v. Rogers, No. 3:04-0910 (M.D. Tenn. Oct. 12, 2004).

Factual Background Edit

According to the Complaint, Plaintiff offered automobile insurance services under the mark FIRST ACCEPTANCE CORPORATION and operated a website at "firstacceptancecorp.com." Defendant, a former employee of plaintiff who left to take a job with a direct competitor, registered the domain name "firstacceptancecorporation.com" and used it to complain about his former employer. On his website, defendant posted SEC filings and used a message board to post complaints and derogatory comments about plaintiff. Defendant then replaced the content of his website with a note offering to sell the domain name and entered into discussions with counsel for plaintiff regarding possible sale of the name. Defendant offered plaintiff "priority consideration" for purchasing the domain name. As discussions progressed, defendant reposted content to the website, including a prominent display of plaintiff's trademark.

Trial Court Proceedings Edit

Plaintiff sued for infringement, unfair competition, and cybersquatting among other claims. The court granted plaintiff's motion for temporary restraining order enjoining defendant from "maintaining directly or indirectly, an Internet website using the name 'firstacceptancecorporation.com' or any name that is similar to First Acceptance Corporation."

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