FACTS: Plaintiff, People for the Ethical Treatment of Animals (PETA), sued defendant after he registered the domain name peta.org and created a website called "People Eating Tasty Animals." The district court granted PETA's motion for summary judgment, but denied its motion for attorney's fees and costs. Defendant disputed the district court's findings that he used the Mark in connection with goods or services and that he used it in a manner engendering a likelihood of confusion.
CONCLUSION: The district court's order denying plaintiff's motion for attorney fees and costs but granting it's motion for summary judgment on trademark infringement claims was affirmed where defendant's use of plaintiff's Mark in the domain name of his website was likely to prevent Internet users from reaching the plaintiff's own Internet site.
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