Kellogg, Plaintiff-Appellee, v. Richard J. Rosado,, (2nd Cir. 2000)

Docket Number: 00-7670

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 7th day of December two thousand.

Present: Honorable Ellsworth Van Graafeiland, Honorable Robert A. Katzmann, Circuit Judges, and Honorable Lewis A. Kaplan, District Judge.1

Spear, Leeds & Kellogg, Plaintiff-Appellee, - v. - 00-7670

Richard J. Rosado, Defendant-Appellant.

Appearing for Plaintiff-Appellee: Robert Penchina (Steven T. Shelton, of counsel), The Honorable Lewis A. Kaplan, of the United States District Court for the Southern District of New York, sitting by designation.

Clifford Chance Rogers & Wells LLP, New York, New York Appearing for Defendant-Appellant: Richard J. Rosado, pro se Bronx, New York Appeal from the United States District Court for the Southern District of New York (Rakoff, J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

Richard Rosado, pro se and fee-paid, appeals from the district court's final judgment against him, granting plaintiff Spear, Leeds & Kellogg's motion for a permanent injunction against Rosado and for relief under the Anticybersquatting Consumer Protection Act, P.L. No. 106-113 § 3002 (1999) (to be codified at 15 U.S.C. 1125(d)).

For the reasons ably set forth by the district court (Rakoff, J.), Spear, Leeds & Kellogg v. Rosado, __ F. Supp.2d __, 99-Civ.-11417(JSR) (S.D.N.Y. Mar. 24, 2000), we affirm the judgment of the district court. With respect to Rosado's First Amendment claim of his right to create a parody, Rosado failed to raise the claim in the district court, and we thus conclude that it is waived. We have considered all of the defendant's other arguments and find them without merit.