Sixth Circuit Censures Cybersquatting

The U.S. Court of Appeals for the Sixth Circuit upheld a district court’s award of summary judgment, injunctive relief and attorneys’ fees in favor of Audi AG, holding that Defendant Bob D’Amato infringed and diluted the world-famous AUDI, AUDI FOUR RING LOGO, and QUATTRO marks (the "Audi Trademarks"), along with the distinctive trade dress of Audi’s automobiles, and violated the Anticybersquatting Consumer Protection Act (ACPA). Audi AG and Volkswagen of America, Inc. v. Bob D'Amato, Case No. 05-2359(6^th Cir., Nov. 27, 2006) (Martin, J.).

In February 1999, D’Amato, an individual unaffiliated with Audi AG, registered the domain name www.audisport.com. In February 2002, an Audi dealership contracted with D’Amato to post links to a separate page, www.audisport.com/Boutique.htm, where merchandise (e.g., caps and shirts) bearing the Audi Trademarks, along with personalized "@audisport.com" e-mail addresses, were sold beginning in 2003. A graphic designer D’Amato hired to develop a pair