District Court or Circuit Court Essay Example | Topics and Well Written Essays - 500 words

rule Court or Circuit Court - Essay ExampleFalwell. However, it should be noted that Rev. Falwell had brought a infirmity alleging that Mr. Lamparello was guilty of post infringement, which Rev. Falwell alleged was intellectual property that protected his website, as he had at least(prenominal) one registered trademark, even though it was not on the domain name www.falwell.com or www.fallwell.com (Atkinson, Sorkin, & Gold 2003). Rev. Falwell withal stated that he had legal rights in the name Falwell which included Listen America with Jerry Falwell, a habitual show, as well as a pending trademark on the name Jerry Falwell. He indeed requested relief in the form of www.fallwell.com being transferred from Mr. Lamparello to his ministries and control, on the grounds of trademark infringement, false recognition of origin, unfair competition, and cybersquatting (Atkinson et. al. 2003).Mr. Lamparello filed suit in the Eastern District Court of Virginia, accusing Rev. Falwell and his ministry of Reverse knowledge base defecate Hijacking in violation of the Anticybersquatting Protection Act (Lamparello v. Falwell, 2004). This suit was filed in accordance with the Uniform Domain Name Dispute-Resolution Policy, commonly known as UDRP, which states that most types of trademark-based domain-name disputes must be resolved by agreement, salute action, or arbitration (Internet corporation for, 2011). The District Court ruled in favor of the defendant, finding that thither was a likelihood of confusion based on the distinctive and strong presence of the Defendants trademark. The District Court also found trademark infringement was evident as the Defendant was adequate to prove that he did, indeed, have a registered trademark, and he had utilize that trademark. The appeals court, however, overturned the findings, stating that there was no trademark infringement or false designation of origin since Mr. Lamparello did not intend to make money from his website, and used it only for