Interstellar Starship Services, Ltd. v. Epix, Inc.

Epix, Inc. (“Epix”) sued Interstellar Starship Services (“ISS”) and its president Michael Tchou (“Tchou”) in district court alleging that their use of the www. epix.com domain name infringed Epix’s registered EPIX trademark. The district court enjoined ISS and Tchou from future infringing uses of www.epix.com but allowed ISS to retain ownership of the domain name. Epix appeals, contesting the district court’s failure to find that: (1) ISS’s use of epix.com caused initial interest confusion; (2) ISS cybersquatted on epix.com; and (3) ISS diluted the EPIX trademark. Epix appeals also the scope of the injunction imposed by the district court. In the main, Epix argues that the epix.com domain name should be transferred from ISS to Epix or that the injunc *939 tion should be broadened to include ISS’s future successors and assigns of www. epix.com. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the district court’s decision in all respects.

BACKGROUND

Epix manufactures and sells a wide variety of electronic imaging hardware and software products and provides consulting services associated with these products. Epix markets its products to sophisticated consumers, mainly…