Question: Ernest & Julio Gallo Winery (Gallo) is a famous maker of wines located in California. The company registered the trademark Ernest & Julio Gallo in

Ernest & Julio Gallo Winery (Gallo) is a famous maker of wines located in California. The company registered the trademark "Ernest & Julio Gallo" in 1964 with the U.S. Patent and Trademark Office. The company has spent more than $500 million promoting its brand name and has sold more than 4 billion bottles of wine. Its name has taken on a secondary meaning as a famous trademark name. Steve, Pierce, and Fred Thumann created Spider Webs Ltd., a limited partnership, to register Internet domain names. Spider Webs registered more than 2,000 Internet domain names, including ernestandjuliogallo.com. Spider Webs is in the business of selling domain names. Gallo filed suit against Spider Webs Ltd. and the Thumanns, alleging violation of the federal Anticybersquatting Consumer Protection Act (ACPA). The U.S. District Court held in favor of Gallo and ordered Spider Webs to transfer the domain name ernestandjuliogallo.com to Gallo. Spider Webs Ltd. appealed. E. & J. Gallo Winery v. Spider Webs Ltd., 286 F.3d 270, 2002 U.S. App. Lexis 5928 (United States Court of Appeals for the Fifth Circuit, 2002) Questions: Remember to fully explain and support your answers using legal concepts from the book (rather than just opinion) What is the ACPA designed to protect against? What are the two fundamental requirements to show when determining whether someone is cybersquatting? Given the facts of the case and what you've read in the textbook, explain who you think should should win this case and why.

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