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    Challenge To GlennBeck​RapedAnd​Murdered​AYoungGirl​In1990.com Loses WIPO Dispute

    Published on 10 November 2009 @ 8:30 pm

    By , Intellectual Property Watch

    Conservative US radio talk show host Glenn Beck, known for bad-mouthing others on radio and on opposition television station Fox News, has lost a case at the World Intellectual Property Organization trying to force the takedown of website parodying him, www.Glenn​BeckRaped​AndMurdered​AYoungGirl​In​1990.com.

    The WIPO Arbitration and Mediation Centre issued a decision on 29 October, available here, denying the claim on the basis that it was not sufficiently in violation of Glenn Beck’s trademark online.

    The website, now available here, posted by another individual in the United States, states clearly that it is a parody, and was determined to not exist for commercial gain off of Beck’s name. There was some commercial gain from t-shirts and other political products targeting the conservative television station Fox News, but it was not seen as substantial, WIPO said. The respondent had claimed fair use and noncommercial use, and the US First Amendment right to free speech, noting Beck is a well-known public figure.

    Fox News reporters are typically critical of the United Nations and were critical of WIPO in recent past years, during the period of concern over management and financial practices, though it is highly unlikely there is any relationship whatsoever. The decision was rendered by well-known US law professor Frederick Abbott.

    Some blogs, such as here, have pointed out the legal question of whether a domain name can be defaming, and whether Beck, known for pushing the limits of defamation, might be opening himself up for a lashback by trying to stop others from speaking freely about him.

    Meanwhile, the website GlennBeckRapedAndMurderedAYoungGirlIn1990.com appears to be blocked on Google under that address but is currently at this address: http://gb1990.com/. [Note: the new website, GB1990.com, says the original web address was given to Glenn Beck.]

    [Update: The legal response [pdf] by lawyer Marc Randazza to Glenn Beck’s complaint [pdf] generated significant attention on some blogs. It cited, for example, the “moron in a hurry” test to determine if use of a mark is confusing and explained the concept of an internet “meme” – or unit of internet culture – with examples of recent popular catch phrases or jokes online.]

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Chris_Wilson says:

      A) The website won
      B) The site is still up, just under a different domain name. http://gb1990.com/

    2. Isaac Eiland-Hall says:

      “There was some commercial gain”

      Just to clarify: When the site was new, I put up a lot of lings to blogs and such that were talking about it. One such blog sold t-shirts about their ongoing feud with Fox News. I have no affiliation with that site, but because I had a link to them, Beck argued I was making money.

      I have not ever made a single cent on this, at all, ever. I have, however, spent money on it – on the domain, hosting, etc.

      Just wanted to clear that up. :-)

      Thanks for a nice article on the topic!

      Take care,
      -Isaac Eiland-Hall

    3. André says:

      I don’t know Glenn Beck but it is political comedy TV broadcasting show in the US, right? So it is actually a parody of a parody?

    4. Percy says:

      Correct. Glenn Beck’s television could not seriously be considered anything other than a comedy.

    5. Percy says:

      *television show, that is


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.