AR-News: (US-MD) FUND FOR ANIMALS WINS WEB DISPUTE TO KEEP
NEIMANCARCASS.COM
Tracey McIntire
tmcintire at fund.org
Tue May 18 11:05:13 EDT 2004
For Immediate Release
FUND FOR ANIMALS WINS WEB DISPUTE TO KEEP NEIMANCARCASS.COM
Panel Refuses to Shut Down Web Site Critical of Retailers Fur Sales
SILVER SPRING, MD (May 18, 2004)The Neiman Marcus Group, Inc. has lost
its effort to shut down the web sites NeimanCarcass.com,
NeimanCarcass.org, and NeimanCarcass.net, which are critical of the
companys sale of fur products.
The disputed domains, which are owned by The Fund for Animals, use the
parody Neiman Carcass to protest the retailers cruel and unnecessary
sale of fur. Although parody and satire are protected forms of speech,
Neiman Marcus had argued in its complaint that the Neiman Carcass site
is confusingly similar to its name and business.
The Honorable Charles K. McCotter, Jr. (Ret.), however, wrote in his
decision on behalf of the National Arbitration Forum that it is
unreasonable to believe that a reasonable consumer would be confused as
to what the website is about or whether it is owned, sponsored or
affiliated with Neiman Marcus. He concluded that people who find
themselves at NeimanCarcass.com would quickly understand that the
disputed domain names or the web content to which they direct their
audience are not affiliated or endorsed by Complainant and in fact are
critical of Neiman Marcus insofar as it is involved in the sale of fur.
Michael Markarian, President of The Fund for Animals, said, Rather than
try to prevent the public from seeing that the main ingredient in a fur
coat is animal cruelty, Neiman Marcus should stop selling fur and start
offering consumers compassionate and socially responsible merchandise
choices. A nationwide Decision Research poll revealed that a majority
of high-income shoppers consider selling fur socially irresponsible, and
by more than a four-to-one margin, prefer to shop at department stores
that dont sell fur.
The Fund for Animals is an animal protection organization that has
campaigned against the horrible abuse endured by fur-bearing wildlife
since 1967. The groups founder, Cleveland Amory, best-selling author
and social critic for national media outlets such as TV Guide and The
Today Show, used social commentary and parody to raise awareness
regarding animal cruelty. The Fund uses parody in this same vein,
including a three-minute musical cartoon in the style of Dr. Seuss,
which also names Neiman Marcus and is linked from the Neiman Carcass
site.
Pierre Grzybowski, Grassroots Coordinator for The Fund for Animals,
added, In the wild, animals trapped for fur suffer for hours or days in
steel-jawed leghold traps, chewing through their own limbs trying to
escape. And in fur factories, animals live their entire lives in tiny
cages, their misery only ending when they are gassed, anally or
genitally electrocuted, or have their necks broken. With the many warm
and elegant alternatives, there is no reason for Neiman Marcus or any
retailer to sell fur.
A copy of the National Arbitration Forums decision is available online at:
http://www.arb-forum.com/domains/decisions/243503.htm
More information on the web: http://www.NeimanCarcass.com
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