Career Agents Network, Inc. v. White [1]

In June 2009, Career Agents Network (CAN), a company in the recruiting industry, sued the domain registrant of two domain names associated with a gripe site about the company. Lawrence R. White, the registrant, created the gripe site and registered the domain names to express his dissatisfaction with a "business in a box" business deal he entered into with CAN in January 2008. 

The gripe site [2] consists of a single page of text warning others about the "investment opportunity" White purchased. There are no links out or products or services offered for sale on the site. The site presently includes a disclaimer noting that there is no affiliation with CAN, but did not have one when the case was filed.

The complaint, filed in federal court in Michigan, alleged that White's registration of the domain names violated the Anti-Cybersquatting Consumer Protection Act [3], and that his use of the domain names infringed its trademark rights in its name.

In February 2010, the court granted summary judgment [4] to White, dismissing the case in its entirety.  The court found no evidence that White registered the domain names with a bad-faith intent to profit, determining instead that he registered the domains to engage in critical commentary about CAN's "business in a box" investment opportunity.  The court further ruled that the trademark infringement claim failed because White's use of CAN's mark was not commercial and there was no likelihood of consumer confusion. 

Update:

3/26/10 - White and his co-defendants filed a motion for an award of attorneys' fees [5].

3/29/10 - Career Agents Network filed a notice of appeal [6]. 

6/29/10 - The district court granted in part and denied in part the motion for an award of attorneys' fees [7].  Attorneys' fees were awarded for defense of the litigation, but not for an initial consultation with an attorney who did not make an appearance.