Lucas Nursery didn’t do a good good on a customer’s swale. Customer registered lucasnursery.com and posted information criticizing them. Lucas brought an ACPA count. Sixth Circuit held that this was a non-commercial criticism site and registration of the domain name was not cyber-squatting. This case is interesting as it represents the domain name registrant prevailing where the name is a dot com, per se version of the trademark.
Lucas Nursery and Landscaping v. Grosse, No 02-1668 (6th Cir March 5, 2004).