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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