Paccar v. Telescan

Internet Free Speech — Use of Brand Names
Docket Number: 
Case Description: 

Trademark suit by manufacturer against retailer who sells manufacturer's goods on its web site. Our Amicus Curiae Brief argues that because the brand names properly describe the subject of the retailer's web pages, they may fairly be used in domain names and meta tags for those web pages.

The Court of Appeal upheld the district court’s ruling on the domain names but vacated the preliminary injunction against use of the trademark in the meta tags because there was insufficient evidence to support injunctive relief on that issue.