Fair enough? How the nominative fair use doctrine can apply to domain names

Description

Abstract: Since practically the dawn of the Internet, trademark holders have had to contend with third parties using their marks in domain names to draw traffic to nonaffiliated Web sites. Unfortunately for the mark holders, some of these third parties can wield the “nominative fair use” doctrine as a defense to infringement liability. This article covers the case of Toyota Motor Sales v. Tabari, in which the U.S. Court of Appeals for the Ninth Circuit reiterated how the doctrine can apply to domain names.