Challenge To GlennBeckRapedAndMurderedAYoungGirlIn1990.com Loses WIPO Dispute10/11/2009 by William New, Intellectual Property Watch 5 CommentsShare this Story:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Google+ (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window)IP-Watch is a non-profit independent news service, and depends on subscriptions. To access all of our content, please subscribe now. You may also offer additional support with your subscription, or donate.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.GlennBeckRapedAndMurderedAYoungGirlIn1990.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.]Share this Story:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Google+ (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window)RelatedWilliam New may be reached at firstname.lastname@example.org."Challenge To GlennBeckRapedAndMurderedAYoungGirlIn1990.com Loses WIPO Dispute" by Intellectual Property Watch is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.