Audi Ag v. Damato
469 F.3D 534, 81 U.S.P.Q.2D 1108, 2006 FED.APP. 0439P, 2006.C06.0001354
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Publisher Description
Defendant Bob DAmato, who is unaffiliated with Audi, used the domain name www.audisport.com to sell goods and merchandise displaying Audis name and trademarks. Audi claims that DAmatos website infringes and dilutes its world famous trademarks "AUDI," the "AUDI FOUR RING LOGO," and "QUATTRO," as well as the distinctive trade dress of Audi automobiles. Audi also claims that DAmato violated the AntiCybersquatting Consumer Protection Act. The district court granted summary judgment and injunctive relief to Audi on all claims. The district court also granted Audi attorneys fees, but refused to award Audi statutory damages under 15 U.S.C. § 1117(a). DAmato appeals the grant of summary judgment and injunctive relief and award of attorneys fees to Audi. He also appeals the district courts denial of his Rule 56(f) motion for additional discovery. For the reasons below, we AFFIRM the district court.