Legal Opinion

Toyota Motor Sales, U.S.A., Inc. v. Tabari

Court of Appeals for the Ninth Circuit

Decided July 8, 2010No. 07-55344PublishedCited by 83 opinions

1Opinion of the Court

Opinion by Chief Judge KOZINSKI; Concurrence by Judge FERNANDEZ.

KOZINSKI, Chief Judge:

In this trademark infringement case, we consider the application of the nominative fair use doctrine to internet domain names.

Facts

Farzad and Lisa Tabari are auto brokers — the personal shoppers of the automotive world. They contact authorized dealers, solicit bids and arrange for customers to buy from the dealer offering the best combination of location, availability and price. Consumers like this service, as *1175it increases competition among dealers, resulting in greater selection at lower prices. For many of…

2Cases cited27 opinions

  1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  2. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  3. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  4. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  5. Panavision International, L.P., a Delaware Limited Partnership v. Dennis Toeppen Network Solutions, Inc., a District of Columbia CorporationCourt of Appeals for the Ninth Circuit · 1998

22 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Applied Underwriters, Inc. v. Larry LichteneggerCourt of Appeals for the Ninth Circuit · 2019
  2. TrafficSchool.com, Inc. v. Edriver Inc.Court of Appeals for the Ninth Circuit · 2011
  3. Network Automation, Inc. v. Advanced Systems Concepts, Inc.Court of Appeals for the Ninth Circuit · 2011
  4. Rearden LLC v. Rearden Commerce, Inc.Court of Appeals for the Ninth Circuit · 2012
  5. Yelp Inc. v. CatronDistrict Court, N.D. California · 2014

78 more not listed; retrieve them via the Exa API.

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