Glennbeckrapedandmurderedayounggirlin1990.com Wins in Trademark Challenge Against Glenn Beck
jonathanturley
Glenn Beck has lost a bizarre trademark fight with the founder of glennbeckrapedandmurderedayounggirlin1990.com, Isaac Eiland-Hall. Eiland-Hall created the Internet sensation to mock the style of Beck and Fox News — leading to a challenge over the use of Beck’s name with the World Intellectual Property Organization (WIPO).
WIPO concluded that the site was a legitimate noncommercial use of Beck’s name as part of a political statement. Frederick M. Abbott stated “appears to the panel to be engaged in a parody of the style or methodology that [Eiland-Hall] appears genuinely to believe is employed by [Beck] in the provision of political commentary, and for that reason [Eiland-Hall] can be said to be making a political statement.” Abbott noted on the issue of profit off Beck’s trademark that “[w]hile there is some evidence that at some stage third-party vendors of goods and services critical of [Beck] may have earned some income on sales of t-shirts and bumper stickers embodying political slogans based on click-throughs from [Eiland-Hall’s] Web site, the panel does not believe this is sufficient ‘commercial activity’ to change the balance of interests already addressed.”
The site states that Beck did not rape and murder the girl. It is based on Beck’s signature interview style, such as this interview with Rep. Keith Ellison, the first Muslim representative in Congress.
“And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies. And I know you’re not. I’m not accusing you of being an enemy. But that’s the way I feel, and I think a lot of Americans will feel that way.”
Eiland-Hall’s lawyer, Marc Randazza, insisted that “[o[nly an abject imbecile could believe that the domain name would have any connection to the complainant.” It is not clear if that was a reference to Beck, but abject imbeciles around the world are likely to object.
