TOYOTA MOTOR SALES, U.S.A., INC. v. TABARI

No. 07-55344.

610 F.3d 1171 (2010)

TOYOTA MOTOR SALES, U.S.A., INC., a California corporation, Plaintiff-counter-defendant-Appellee, v. Farzad TABARI; Lisa Tabari, California residents, d/b/a Fast Imports, Defendants-counter-claimants Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2010.


Attorney(s) appearing for the Case

Jens B. Koepke (argued), Robin Meadow, Greines, Martin, Stein & Richland LLP, Los Angeles, CA; Alan S. Cooper, Howrey, LLP, Washington, DC, for the plaintiff, counter-defendant, appellee.

Lisa Tabari (argued), Farzad Tabari, pro se, Mission Viejo, CA, for the defendants, counter-claimants, appellants.

Opinion by Chief Judge KOZINSKI; Concurrence by Judge FERNANDEZ.


KOZINSKI, Chief Judge:

In this trademark infringement case, we consider the application of the nominative fair use doctrine to internet domain names.

Facts

Farzad and Lisa Tabari are auto brokers—the personal shoppers of the automotive world. They contact authorized dealers, solicit bids and arrange for customers to buy from the dealer offering the best combination of location, availability and price. Consumers like this service, as

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