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AUDI AG v. D'AMATO

No. 05-2359.

469 F.3d 534 (2006)

AUDI AG and Volkswagen of America, Inc., Plaintiffs-Appellees, v. Bob D'AMATO, d/b/a Quattro Enthusiasts, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 27, 2006.

Attorney(s) appearing for the Case

ARGUED: Damian G. Wasserbauer, Intellectual Property Advisors, LLC, Canton, Connecticut, for Appellant. Gregory D. Phillips, Howard, Phillips & Anderson, Salt Lake City, Utah, for Appellees. ON BRIEF: Damian G. Wasserbauer, Intellectual Property Advisors, LLC, Canton, Connecticut, for Appellant. Gregory D. Phillips, Cody W. Zumwalt, Howard, Phillips & Anderson, Salt Lake City, Utah, for Appellees.

Before MARTIN and COOK, Circuit Judges; BERTELSMAN, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Defendant Bob D'Amato, who is unaffiliated with Audi, used the domain name www.audisport.com to sell goods and merchandise displaying Audi's name and trademarks. Audi claims that D'Amato's website infringes and dilutes its world famous trademarks "AUDI," the "AUDI FOUR RING LOGO," and "QUATTRO," as well as the distinctive trade dress of Audi automobiles. Audi also claims that D'Amato violated the Anticybersquatting...

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