Vision, the owner of the registered trademarks VISION QUEST for hotel services and VISION for a variety

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Vision, the owner of the registered trademarks VISION QUEST® for hotel services and VISION® for a variety of goods and services (and the owner of the domain name www. vision.com) recently discovered that Bob Russell has registered the domain name www.vizion.com for gambling-related activities and that an eye-care center has registered www.vision.net for its services. Russell has made a significant amount of money from visitors or “hits” to his site, and he has offered to sell the domain name www.vizion.com to Vision for $45,000. Vision’s own Web site allows prospective vacationers to make hotel reservations at any of Vision’s hotels and resorts. Finally, Vision has a link on its Web site to www.pga.com so prospective golfers can obtain information about golf handicaps and equipment.

Activities. What should Watson do, if anything, to protect its mark from Russell and the eye-care center? What practice has Russell engaged in? May Vision bring an action against the eye-care center under ACPA? Finally, discuss the permissibility of Vision’s link and whether Vision can be sued throughout the United States.

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