Friday, October 24, 2008 PETA trademark By Clint Fabiosa & Andrew Ong I protect
PEOPLE for the Ethical Treatment of Animals (“PETA”) is an animal rights organization based in the United States with two million members and supporters. It is considered the largest animal rights group in the world.
In 1995, Michael T. Doughney registered the domain name peta.org for the fictitious organization “People Eating Tasty Animals.” The website contained links to over 30 sites including some that promoted the sale of leather goods 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 actual People for the Ethical Treatment of Animals (PETA) website.
PETA sued for service mark infringement, unfair competition, trademark dilution and cybersquatting.
In ruling on the case, the Court held that Doughney was liable for trademark infringement and cybersquatting.
The ruling went on to say the peta.org site was used in commerce because it prevented consumers from reaching the People for Ethical Treatment of Animals website and it contained links to commercial sites. Thus, a likelihood of confusion is present, making Doughney liable for trademark infringement. [People for the Ethical Treatment of Animals v. Doughney 263 F.3d 359 (4th Cir. 2001).]
