A-FRAME, INC. v. CONCORD POOLS, LTD.


289 A.D.2d 921 (2001)

735 N.Y.S.2d 632

A-FRAME, INC., Appellant, v. CONCORD POOLS, LTD., Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 27, 2001.


Rose, J.

Plaintiff, a retail seller of swimming pools and supplies, commenced this action seeking damages and injunctive relief, alleging that the use of the Internet domain name "AFRAMEPOOLS.COM" by defendant, a business competitor, infringed upon plaintiff's tradename and violated the Lanham Act (see, 15 USC § 1051 et seq.) (hereinafter the Act). After obtaining a preliminary injunction enjoining defendant's use of the name, plaintiff demanded...

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