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D is 'a nationally known minister who has been active as a commentator on politics and public affairs.' D holds the common law trademarks 'Jerry Falwell' and 'Falwell,' and the registered trademark 'Listen America with Jerry Falwell.' Jerry Falwell Ministries can be found online at 'www.falwell.com,' a website that receives 9,000 hits (or visits) per day. P registered the domain name 'www.fallwell.com.' P created a website at that domain name to respond to what he believed were 'untruths about gay people.' P's website included headlines such as 'Bible verses that Dr. Falwell chooses to ignore' and 'Jerry Falwell has been bearing false witness (Exodus 20:16) against his gay and lesbian neighbors for a long time.' The site also contained in-depth criticism of D's views. P's homepage prominently stated, 'This website is NOT affiliated with Jerry Falwell or his ministry'; advised, 'If you would like to visit Rev. Falwell's website, you may click here'; and provided a hyperlink to D's website. P has never sold goods or services on his website. The parties also agree that 'Lamparello's domain name and web site at www.fallwell.com,' which received only 200 hits per day, 'had no measurable impact on the number of visits to [D's] web site at www.falwell.com.' P filed this action seeking a declaratory judgment of noninfringement. D counter-claimed. The district court granted summary judgment to D, enjoined P from using Reverend Falwell's mark at www.fallwell.com, and required Lamparello to transfer the domain name to D. The court denied damages as P’s website was primarily engaged in free speech. Both parties appealed.

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