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Damages Soar from False Advertising About Skydiving
In March 2012, the Ninth Circuit in Skydive Arizona, Inc. v. Quattrocchi, et al., No. 10-16099 (9th Cir. March 12, 2012) upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.
The case arose out of a dispute between “Skydive Arizona” (“SA”), the famous owner and operator of one of the largest skydiving centers in the world, and a group of defendants, collectively referred to as “Skyride,” the operators of an internet and phone-based advertising and booking service. Skyride's advertising service made skydiving arrangements for its customers, issuing certificates for redemption at various locations around the country.
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