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1. Southern Co. v. Dauben Inc., No. 08-10248, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, April 15, 2009, Filed

OVERVIEW: Preliminary injunction was improperly entered against a pay-per-click advertising website that engaged in typosquatting in violation of the Anticybersquatting Consumer Protection Act, 15 U.S.C.S. § 1125(d)(1)(A), because the district court failed to consider how the accused infringer's fair use defense affected the court's bad faith determination.

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