A-Frame, Inc. v. Concord Pools, Ltd.

Appeal from an order of the Supreme Court (Ferradino, J.), entered May 10, 2001 in Albany County, which, inter alia, denied plaintiffs motion to compel defendant to comply with certain discovery demands.

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 plaintiffs tradename and violated the Lanham Act (see, 15 USC § 1051 et seq.) (hereinafter the Act). After obtaining a preliminary injunction enjoining…