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TMI, INC. v. MAXWELL

Nos. 03-20243, 03-20291.

368 F.3d 433 (2004)

TMI, INC., Plaintiff-Appellee, v. Joseph M. MAXWELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 21, 2004.

Attorney(s) appearing for the Case

J. Timothy Headley (argued), Gardere Wynne Sewell, Houston, TX, for Plaintiff-Appellee.

Paul Alan Levy (argued), Pub. Citizen Lit. Group, Washington, DC, for Defendant-Appellant.

Before DAVIS, BARKSDALE and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Following a bench trial, the district court determined that Appellant Joseph Maxwell's website that complained about Appellee TMI, Inc. violated the anti-dilution provision of the Lanham Act, 15 U.S.C. § 1125(c); the Anti-Cybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. § 1125(d); and the Texas Anti-Dilution Statute, TEX. BUS. & COM.CODE § 16.29. Concluding that Maxwell's site, as a non-commercial gripe site, violates...

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