Marc John Randazza

“ Respondent has not acted in bad faith (as that is defined under the Policy) , and Complainant has presented no evidence thereof. As noted in the Response, Respondent has no commercial intent. Instead, Respondent structured his web site as criticism styled as a parody, with the intent to spotlight Complainant’s hypocritical, manipulative, unsavory rhetorical style. The site – even the domain name – adopts Glenn Beck’s style to better expose it. The goal of this criticism would be that some readers might see Complainant’s hypocrisy. ”

“ Protected, fair use criticism, such as the parody of Glenn Beck in Respondent’s registered domain, cannot constitute the bad faith “disruption” of a business proscribed by the Policy. “Disruption” due to internet users being diverted can be bad faith. “Disruption” because a respondent exposes a Complainant’s hypocrisy is not.
Each of those reasons, taken alone or together, is sufficient to dispense with the case. For the sake of completeness, this Sur-Reply will also address the following issues:
5.Complainant’s Acquiescence. ”

“ Beck really trying to convince this Panel that a website with a video spoof of the LEAVE BRITNEY ALONE meme, stating that “every time people stop mocking Glenn Beck, a baby ghost gets turned into a human being” would con the average into presuming that the website was set up by the Glenn Beck fan club? The logical pretzel that the Supplemental Filing creates defies any sense of reason. It is so irrational that one must wonder if it is yet another esoteric inside joke – an attempt by Mr. Beck to achieve the same level of memetic success as Pedobear. ”

“ The meme is based on a comparison of Glenn Beck’s style to a Gilbert Gottfried joke. The domain name is in honor of the meme. It does not follow that for either of those factors to be true, that the Respondent’s website needed to have a Gilbert Gottfried clip on it. For the record, the original video on the site was a parody of yet another meme. In the video “DON’T LEAVE GLEN BECK ALONE!!!!!!!!” [5] , a girl mimics yet another meme in which a disturbed boy implores the world to “LEAVE BRITNEY ALONE!” [6] The “BRITNEY” video has been mocked and mimicked into memehood many times over. ”

“ Bresler, 398 U.S. 6 (1970) (when it is apparent, in the context of a statement, that its meaning is figurative and hyperbolic, the falsity of the literal meaning does not equal a knowing falsehood or reckless disregard for the truth, thus a public figure can not prove actual malice as a matter of law) . ”

“ In fact although selective enforcement is not a valid defense in a UDRP action, it can demonstrate that a Complainant has not regularly policed his mark, and thus has acquiesced to third-party use of his alleged mark. ”

“ Nevertheless, since the Complainant has tried to make this an issue of whether the Respondent has defamed Mr. Beck, and the Panel may take that into account, the Respondent will provide a representative sampling of authority that should convince even the most skeptical panelist that even if he were empowered to adjudicate a defamation claim, he would still find for the Respondent.
When it comes to defamation, it is not a simple matter of (False Statement) + (Angry Plaintiff) = Defamation. Context is everything. See Greenbelt Coop. ”

“ Beck, even with an unusual second bite at the apple has failed to provide any evidence of actual registered rights or evidence of common law rights. He continues to rely solely upon the fact that he is famous, which is not a proxy for trademark rights.↑ See, e.g., http://www.freerepublic.com/focus/f-bloggers/2359495/posts ”