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STOREY v. CELLO HOLDINGS, L.L.C.

Docket No. 02-7281.

347 F.3d 370 (2003)

Lawrence STOREY, Plaintiff — Appellee, v. CELLO HOLDINGS, L.L.C., Cello Music and Film Systems, Inc., Defendants — Appellants, Herrick, Feinstein LLP and Odin, Feldman & Pittleman, P.C., Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 9, 2003.

Attorney(s) appearing for the Case

Franklin H. Stone, Law Office of Franklin H. Stone, Brooklyn, NY, for defendants-appellants Cello Holdings, L.L.C. and Cello Music and Film Systems, Inc.

Elkan Abramowitz (Geri S. Krauss, Elizabeth Small, and Marianne Yen, of counsel), Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, NY, for appellants Herrick, Feinstein LLP and Odin, Feldman & Pittleman, P.C.

James G. McCarney (Thomas E. Engel, of counsel), Engel & McCarney, New York, NY, for plaintiff-appellee.

Before: MESKILL, JACOBS, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Broadly framed, this appeal implicates the contentious and ongoing conflict between trademark rights-holders and Internet domain-name registrants. Where the former seek to prevent consumer confusion by policing others' use of the trademarks that identify their goods, services or identities, the latter have acquired rights in domain names, which may be identical or confusingly similar to trademarks...

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