PEOPLE FOR ETHICAL TREATMENT/ANIMALS v. DOUGHNEY

Nos. 00-1918, 00-2289.

263 F.3d 359 (2001)

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, Plaintiff-Appellee, v. Michael T. DOUGHNEY, an individual, Defendant-Appellant. Diane Cabell; Milton Mueller, Amici Curiae. People for the Ethical Treatment of Animals, Plaintiff-Appellant, v. Michael T. Doughney, an individual, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 23, 2001.

Amended: September 6, 2001.


Attorney(s) appearing for the Case

ARGUED: G. Gervaise Davis, III, Davis & Schroeder, P.C., Monterey, California, for Appellant.

Philip Jay Hirschkop, Hirschkop & Associates, P.C., Alexandria, Virginia, for Appellee.

ON BRIEF: Eric Bakri Boustani, Davis & Schroeder, P.C., Monterey, California; Richard T. Rossier, Kathryn A. Kleiman, McLeod, Watkinson & Miller, Washington, D.C., for Appellant. Marianne R. Merritt, Hirschkop & Associates, P.C., Alexandria, Virginia, for Appellee.

Diane Cabell, Harvard Law School, Cambridge, Massachusetts; Dr. Milton Mueller, Center for Science and Technology, Syracuse University, Syracuse, New York, Amici Curiae Pro Se.

Before MICHAEL and GREGORY, Circuit Judges, and BENSON E. LEGG, United States District Judge for the District of Maryland, sitting by designation.


OPINION

GREGORY, Circuit Judge:

People for the Ethical Treatment of Animals ("PETA") sued Michael Doughney ("Doughney") after he registered the domain name peta.org and created a website called "People Eating Tasty Animals." PETA alleged claims of service mark infringement under 15 U.S.C. § 1114 and Virginia common law, unfair competition under 15 U.S.C. § 1125(a) and Virginia common law, and service mark dilution and cybersquatting under...

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