Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Sunny n' Funny Days, Inc. (SFD) is the nation's largest and oldest provider of clown costumes and large arena-sized circus performances. SFD owns a registration

Sunny n' Funny Days, Inc. ("SFD") is the nation's largest and oldest provider of clown costumes and large arena-sized circus performances. SFD owns a registration for "SUNNY N' FUNNY DAYS" for use in connection with costumes and producing live acrobatic, musical and comedy performances. SFD also operates a clown school that it uses as a feeder for clowns in its circus shows. SFD has sold out arenas for circus shows in every major city in North America every year for the last 10 years.

Donny Doubtworthy, the CEO of SFD, is running for Senate. Jillian is a critic of Donny and SFD because she believes that SFD unethically treats trained cats and dogs used in its circus shows.

Jillian registered the domain names SunnynFunnySucks.com and WatchDonnyFail.com.

SunnynFunnySucks.com links to a one-page Website that just contains the statement: "SUNNY N' FUNNY is NOT sunny or funny. ANIMALS BELONG IN NATURE, NOT ON STAGE. Do NOT vote for DANGEROUS DONNY."

WatchDonnyFail.com links to a news Website that compiles articles relating to Donny's run for Senate, many of which are critical of Donny's candidacy.

Through both Websites, Jillian sells t-shirts with the words "SUNNY N' FUNNY is NOT sunny or funny" printed on the front and "Tell Donny to Sit Down" printed on the back.

  1. Can SFD successfully sue Jillian for likelihood of dilution? Why or why not? If so, under which theory of dilution could SFD sue her?
  2. Are any of Jillian's actions protected by the Free Speech Clause of the First Amendment? Why or why not?
  3. Is Jillian liable for cybersquatting? Why or why not? If so, what are SFD's options for challenging Jillian's domain name registrations and what remedies are available under each?
  4. Has Jillian violated Donny's right of publicity? Why or why not?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

The Law Of Healthcare Administration

Authors: Stuart Showalter

9th Edition

1640551301, 978-1640551305

More Books

Students also viewed these Law questions

Question

What are the gears used for intersecting shafts?

Answered: 1 week ago