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.]
A) The website won
B) The site is still up, just under a different domain name. http://gb1990.com/
“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
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?
Correct. Glenn Beck’s television could not seriously be considered anything other than a comedy.
*television show, that is