In Bosley Medical Institute v. Kremer, the 9th Circuit affirms the district court's denial of the plaintiff's trademark infringement claim, but reverses as to the cybersquatting claim.  It also reverses a grant of the anti-SLAPP motion (motion to strike complaint brought primary to chill the defendant's First Amendment rights and increase the cost of future litigation).

This one arises out of a dispute between Bosley Medical Institute (which offers hair restoration / treatment) and one of its dissatisfied customers.  The customer (Kremer) set up a website with the domain name www.BosleyMedical.com.  In that site, Kremer severely criticized Bosley and provided a link to the 1996 DA investigative findings about Bosley.  Bosley Medical then sued Krmer for, among other things, trademark infringement and cybersquatting (1999 Anticybersquatting Consumer Protection Act).

The opinion itself is fairly straightforward.  But can you imagine a more cheesy introduction than the following:

Defendant Michael Kremer was dissatisfied with the hair restoration services provided to him by the Bosley Medical Institute.  In a bald-faced effort to get even, Kremer started a webside called www.BosleyMedical.com, which, to put it mildly, was uncomplimentary of the Bosley Medical Institute.  The problem is that "Bosley Medical" is the registered trademark of the Bosley Medical Institute, which brought suite against Kremer for trademark infingement and like claims.  Kremer argues that noncommerical use of the mark is not actionable as infringement under the Latham Act.  Bosley responds that Kremer is splitting hairs.  (emphasis is mine.)

I guess the Court is a fan of the latest version of the Wild, Wild, West (I prefer the original:)  Loveless is quadripledgic, while West is black.

Dr. Arliss Loveless: Mister West! How nice of you to join us tonight and add COLOR to these monochromatic proceedings!

Capt. James West: Well when a fella comes back from the dead, I find that an occasion to STAND UP and be counted!

Dr. Arliss Loveless: Miss East informs me that you were expectin' to see General McGrath here. Well, I knew him years ago, but I haven't seen him in a COON's age!
Capt. James West: Well, I can see where it'd be difficult for a man of your stature to keep in touch with even HALF the people you know.

Dr. Arliss Loveless: Well, perhaps the lovely Miss East will keep you from bein' a SLAVE to your disappointment!

Capt. James West: Well, you know beautiful women; they encourage you one minute, and CUT THE LEGS OUT from under you the next!