ISSUE:
Whether Michael Doughney's registration and use of "peta.org" for his website constituted trademark infringement, despite the fact that he did not sell any products or services?
Whether Michael Doughney correct in claiming that his website, "People Eating Tasty Animals" (peta.org), was a permissible parody under the First Amendment's free expression rights?
RULE:
When assessing whether a domain name constitutes trademark infringement and whether a website qualifies for protection as a parody under the First Amendment, the court should evaluate whether the domain name or website suggests ownership by the trademark holder and simultaneously communicates that it is a humorous imitation. The possibility of user misunderstanding among users seeking the real trademark holder's website is an important factor in evaluating trademark infringement.