Intellectual Property Law

Chapter 7 Case Study

Case Study: Fit Forever has recently discovered that an individual named Blake Taylor
has registered the domain name fitforevar.com, and there is some content on the site
relating to fitness services. Taylor has approached Fit Forever and stated, “Why don’t
you make me an offer and I’ll sell you the domain name.” Fit Forever has also paid
Google to display its mark and website address when users search for “fitness classes.”
When consumers search for “fitness classes,” Fit Forever’s site is ranked first; however,
to the right of the reference to Fit Forever are references to other fitness studios,
displayed under a heading “People Also Search For.”

Activities: What should Fit Forever do to recover the domain fitforevar.com from Taylor
as quickly as possible? Is it permissible for other fitness studios to have their marks
displayed alongside of Fit Forever’s when users search for “fitness classes” on Google?