[NCSG-Discuss] Chick-fil-A loses UDRP vs Chick Fil A Foundation

[Kathy Kleiman]

Wow, thanks for sharing this, Joly!!
Kathy
:
> [Disclosure BLIP director Jonathan Askin is on the ISOC-NY Board]
>
> http://www.brooklaw.edu/newsandevents/news/2013/01-16-2013.aspx
>
> Another BLIP client, Chick Fil A Foundation 
> <http://www.brooklaw.edu/newsandevents/news/2013/www.chickfilafoundation.com>, 
> recently won a victory in a Uniform Domain Name Dispute Resolution 
> case (UDRP) against Chick-fil-A, the national fast food chain. 
> Students in the BLIP clinic conducted research and drafted pleadings 
> in defense of their clients Jason Selvig and Davram Stiefler, two New 
> York based comedians and parodists who created a website to criticize 
> the controversial views expressed by Chick-fil-A and its president 
> with regards to same-sex marriage.
>
> Chick-fil-A’s parent company, CFA Properties, Inc. brought the UDRP 
> claim challenging Selvig and Davram’s rights in the domain name, 
> arguing that it was confusingly similar to their trademark and that it 
> was registered in bad faith. In response, students in BLIP, in 
> partnership with the Dumbo law firm of Lewis & Lin, argued that their 
> clients had a legitimate right and interest in the domain name as they 
> were simply exercising their First Amendment right of free speech and 
> their right to criticize the controversial views expressed by 
> Chick-fil-A. They also argued that the company could not prove bad 
> faith, as Selvig and Stiefler were not seeking to commercially benefit 
> from the website.
>
> “BLIP students won this victory for the clients in the end by drawing 
> a line between lawful parody and unlawful satire,” said Askin. “This 
> was a great experience for students to defend clients in an actual 
> case and really get a feel for the complexities at the intersection of 
> internet law and free speech.”
>
> -- 
> ---------------------------------------------------------------
> Joly MacFie  218 565 9365 Skype:punkcast
> WWWhatsup NYC - http://wwwhatsup.com
> http://pinstand.com - http://punkcast.com
>  VP (Admin) - ISOC-NY - http://isoc-ny.org
> --------------------------------------------------------------
> -

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