Ninth Circuit Disagrees With Fourth Circuit's PETA.org decision
ACPA Applies to Noncommercial Use of Domain Name
....Finally, Bosley argued that the conduct was actionable because Kremer used the domain name in connection with Bosley's goods and services. The Ninth Circuit disagreed with this rationale, found in the Fourth Circuit's decision People for the Ethical Treatment of Animals v. Doughney, 263 F.3d 359 (4th Cir. 2001), because it would encompass a mark merely used as the object of criticism. In Kremer's case, no consumer would mistakenly try to buy goods or services from Kremer based on the use of Bosley's mark and Bosley was doing nothing to trade on Bosley's goodwill.