''People for the Ethical Treatment of Animals v. Doughney'', 263

F.3d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...

359 (4th Cir. 2001), was an important

Internet domain A domain name is a string that identifies a realm of administrative autonomy, authority or control within the Internet. Domain names are often used to identify services provided through the Internet, such as websites, email services and more. As ...

trademark infringement Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may o ...

decision by the

United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryla ...

. The ruling became an early precedent on the nature of

domain names A domain name is a string that identifies a realm of administrative autonomy, authority or control within the Internet. Domain names are often used to identify services provided through the Internet, such as websites, email services and more. As ...

as both trademarked intellectual property and free speech.

Background

In 1995, Michael Doughney registered the domain name peta.org for his website titled "People Eating Tasty Animals".McCullagh, Declan (August 25, 2001)
"Ethical Treatment of PETA Domain"
. ''

Wired ''Wired'' (stylized as ''WIRED'') is a monthly American magazine, published in print and online editions, that focuses on how emerging technologies affect culture, the economy, and politics. Owned by Condé Nast, it is headquartered in San Fra ...

''. The website contained links to over 30 sites including some that promoted the sale of

leather goods Leather is a strong, flexible and durable material obtained from the tanning, or chemical treatment, of animal skins and hides to prevent decay. The most common leathers come from cattle, sheep, goats, equine animals, buffalo, pigs and hogs, ...

and meats. At the bottom of the page, the website inquired "Feeling lost? Offended? Perhaps you should, like, ''exit immediately''" and provided a link to the official

People for the Ethical Treatment of Animals People for the Ethical Treatment of Animals (PETA; , stylized as PeTA) is an American animal rights nonprofit organization based in Norfolk, Virginia, and led by Ingrid Newkirk, its international president. PETA reports that PETA entities have ...

(PETA) website,''People for Ethical Treatment of Animals v. Doughney''
263 F. 3d 359
(4th Cir., 2001). which due to Doughney's action had to use a less intuitive domain name. In 1996, PETA requested that Doughney voluntarily transfer the domain name, because it owned the trademark ''PETA'' though it had not yet used the acronym as a domain name. Doughney refused to do so, leading to the lawsuit, in which PETA alleged that Doughney committed

trademark dilution Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of anoth ...

unfair competition Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice * ''Unfair'' (drama), Japanese television series * '' Unfair: The Movie'' * Unfair (song), a song by South Korean boy group EXO