Bosley Medical Institute v. Kremer, No. 04-55962 is a case in which the United States Court of Appeals for the Ninth Circuit affirmed, reversed and remanded the rulings of the United States District Court for the Southern District of California, holding that defendant, Michael Kremer, could not be held liable for trademark infringement or dilution for his use of the Bosley Medical Group's name in creating a website that was critical of the company's business practices. Background Bosley Medical Institute is the plaintiff and the owner of the trademarks Bosley, Bosley Medical, and Bosley Healthy Hair, as well as other trademarks. Bosley Medical Institute was founded L. Lee Bosley, M.D. and is a "Delaware Corporation which manages and markets hair transplantation, restoration, and replacement services to the public." Michael Steven Kremer was the defendant and a former patient of Bosley Medical Institute and was dissatisfied with his experience with the company. Kremer was the former patient of Dr. David Smith in Seattle, Washington and received hair replacement services in which he was unhappy with the results. Kremer filed a medical malpractice lawsuit against Bosley Medical but the case was dismissed on summary judgment. On January 7, 2000, Kremer registered the www.BosleyMedical.com domain name, as well as www.BosleyMedicalViolations.com, which was not challenged by Bosley in this case. Kremer then proceeded to go to the Bosley Medical office in Beverly Hills, California five days after registering the domain and delivered a letter to Dr. Bosley, the founder and President of Bosley Medical. Contained within the letter was the following text: Kremer's site www.BosleyMedical.com summarized the Los Angeles County District Attorney's 1996 investigative findings about Bosley among other information that was highly critical of Bosley. Kremer did not earn any revenue from the website neither did he sell any goods or services through the website. However, the website did contain a link to BosleyMedicalViolations.com, another site by Kremer that linked to the alt.baldspot newsgroup that contained advertisements for companies that competed with Bosley, and Public Citizen website, which represented Kremer in the case. Procedural Background Bosley brought a suit against Kremer alleging trademark infringement, dilution, unfair competition, various state law claims, and a libel claim (eventually settled) in which it was ruled that Kremer's use was noncommercial and unlikely to cause confusion. A summary judgment for Kremer on the federal claims was entered by the district court which also dismissed the state law