A man who registered “cello.com” as an Internet domain name and then attempted to sell the domain name to a trademark holder may have acted with an intent to profit but did not clearly act with requisite “bad faith,” the U.S. District Court for the Southern District of New York concluded March 30, denying the parties’ cross-motions for summary judgment on claims filed under the Federal Trademark Dilution Act and the Anticybersquatting Consumer Protection Act (Cello Holdings LLC v. Storey, S.D.N.Y., No. 97 Civ. 7677 (DC), 3/30/00).
Cello Holdings LLC and related entities began selling “high end” audio equipment under the “Cello” name in 1985, and registered the trademark “Cello” for use in the audio equipment business in 1995. They sell audio equipment directly through stores and through authorized distributors in six states and 14 foreign countries. The systems sell for a minimum of $20,000 and for as much as
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