Giacalone v. Network Solutions

Citation: Giacalone v. Network Solutions, Inc., 1996 U.S. Dist. LEXIS 20807 (N.D. Cal. filed May 30, 1996).

Factual Background
Plaintiff, a computer consultant, registered the domain name “ty.com” after the name of his son Ty. Defendant Ty, Inc., registrant and prior user of the trademark TY for stuffed animals, filed a protest with NSI challenging plaintiff’s domain name.

Trial Court Proceedings
Faced with having its domain name placed on hold by NSI, Giacalone filed suit against NSI and Ty, Inc., and obtained a temporary restraining order against further interference with Giacalone’s use of the domain name pending resolution of the suit. (Ty, Inc., maker of the popular “Beanie Babies” stuffed animals, later acquired the domain name “ty.com” from Giacalone.)

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