Injunction

CBS Broadcasting, Inc. v. VanityMail Services, Inc. Federal Trademark Infringement- Likelihood of Consumer Confusion (Lanham Act §43(a)) a) Section 4 (a) provides that the plaintiff must prove the following: 1) that the defendant’s domain name is identical or confusingly similar to a trademark or service mark in which the plaintiff has rights; and 2) the defendant has no rights or legitimate interests in respect of the domain name; and 3) the domain name has been registered and is …

…There are multiple banners from sponsors on the page as well. This verifies that the defendant is making money from the use of this site and therefore, the domain name. The plaintiff has used its 49 Hours marks since at least January 1988. Throughout the 12 years, the mark has gained recognition throughout the United States as a television news show. The defendant registered the domain name in May of 1997. Therefore, plaintiff’s mark had already become famous.