Fifth Circuit Faults Trial Court for Failure to Consider Typosquatter's Fair Use Defense

Make that 23 federal circuit cyberlaw cases so far this year. In last week's post Federal Circuits Heading Toward Busiest Cyberlaw Year Yet, I overlooked Southern Co. v. Dauben Inc., a Fifth Circuit case interpreting the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and the duty of trial courts to carefully consider fair use and irreparable harm issues when ruling on a request for injunctive relief.