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Ficker v. Tuohy 305 F.Supp.2d 569 (2004)

Case Conclusion Date: 01.01.2004

Practice Area: Litigation

Outcome: Denial of motion for temporary restraining order

Description: Plaintiff Robin K.A. Ficker filed suit against Defendants John Tuohy and John Does 1-10 alleging that Defendants' purchase and use of the domain name "" constitute: (1) violations of the Anti-cybersquatting Consumer Protection Act ("ACPA"); (2) violations of the Lanham Act; (3) common-law misappropriation of the right of publicity; and (4) common-law misappropriation, infringement, and unfair competition. Pending before the Court was Plaintiff's Motion for Temporary Restraining Order. In particular, Plaintiff requested that the Court issue an Order restraining Defendants from using or displaying any and all websites using the domain name "" or any domain name confusingly similar thereto. Upon consideration of the briefs filed in support of and in opposition to the motion, as well as the parties' arguments during a conference call, the Court denied Plaintiff's motion for a temporary restraining order.

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