IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
KEITH LIONEL URBAN,
) No.: 3:07-cv-00152
KEITH D. URBAN,
ANSWER AND COUNTERCLAIM OF
DEFENDANT/COUNTER-PLAINTIFF KEITH D. URBAN
For his Answer to the Complaint, Defendant Keith D. Urban (“Painter”) files this Answer
and Counterclaim in response to the Complaint filed by Plaintiff Keith Lionel Urban
(“Musician”), and states as follows:
FIRST AFFIRMATIVE DEFENSE
The Musician is misusing the judicial process to improperly intimidate the Painter. The
Complaint is baseless. The Painter’s given birth name is Keith Urban. (A copy of his birth
certificate attached as Exhibit A.) He has used the name Keith Urban in business and personal
dealings since his birth in 1970.
SECOND AFFIRMATIVE DEFENSE
The Painter obtained the domain name keithurban.com on May 10, 1999, which is prior
to the date the Musician registered the domain name keithurban.net. Through this lawsuit, the
Musician is using his celebrity to threaten the Painter to give up intellectual property in which he
has legitimate interests.
Case 3:07-cv-00152 Document 9-1 Filed 03/28/2007 Page 1 of 15
THIRD AFFIRMATIVE DEFENSE
The Painter registered the domain name keithurban.com in good faith on May 10, 1999.
The Painter offers his goods and services from website accessed at keithurban.com, and has done
so in good faith since it was firth launched.
FOURTH AFFIRMATIVE DEFENSE
The Musician ’s asserted trademarks are not famous.
FIFTH AFFIRMATIVE DEFENSE
The Painter’s use of the name KEITH URBAN is a fair use.
SIXTH AFFIRMATIVE DEFENSE
The Painter’s registration of the domain name keithurban.com and his operation of the
related website does not produce confusion, nor does it produce deception or mistake as to the
source, affiliation or sponsorship of the website and