Question
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.
- Can SFD successfully sue Jillian for likelihood of dilution? Why or why not? If so, under which theory of dilution could SFD sue her?
- Are any of Jillian's actions protected by the Free Speech Clause of the First Amendment? Why or why not?
- 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?
- Has Jillian violated Donny's right of publicity? Why or why not?
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