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Ticket Solutions v. Banks

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Citation Edit

Ticket Solutions, Inc. v. Banks, 2002 WL 989462, 2002 U.S. Dist. LEXIS 8314 (D. Kan. May 6, 2002).

Factual Background Edit

Plaintiff, owner of the federally registered mark TICKET SOLUTIONS, provided ticketing services for events across the United States through its website "ticketsolutions.com." Defendant is a North Carolina resident who sold tickets online through his website "ticketsolution.com."

Trial Court Proceedings Edit

Plaintiff filed suit for trademark infringement, unfair competition, and cybersquatting under the ACPA. Defendant failed to answer, and plaintiff moved for a default judgment.

Defendant responded, accepting an entry of judgment of injunctive relief and transfer of the domain name but objecting to an award of attorney's fees. The court denied plaintiff's request for attorney's fees, finding that defendant's conduct was not "exceptional" because it was not had been "malicious, fraudulent, deliberate, or willful."

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