Satirical Chas Accepts Carreon’s Offer, Potentially Ending Case

A brief update on the ongoing Satirical Chas and Charles Carreon case, wherein a satirical blogger sought declaratory relief that his use of charles-carreon.com was protected by the First Amendment against trademark infringement claims by Charles Carreon.

Satirical Chas has accepted an offer of judgment by Charles Carreon which appears to accomplish what the lawsuit intended: to protect the blogger from being subject to continued legal threats by Charles Carreon over his use of the domain name. The terms are below. There is no indication whether Satirical Chas’ attorneys, Paul Alan Levy of Public Citizen and Cathy Gellis, will continue to seek costs for Charles Carreon’s evasion of service in the case, assuming this settlement doesn’t foreclose on that possibility.

The notice that Satirical Chas has accepted Charles Carreon’s offer is here (PDF).  The pertinent portions of the agreement:

The Court shall enter a declaration declaring that:

1.  Plaintiff’s domain name “charles-carreon.com,” plaintiff’s use of the domain name, and plaintiff’s current manner of using his web site, do not violate defendant’s rights;

2.  Plaintiff’s use of the domain name “charles-carreon.com,” in its current manner of use, is fair use and protected under the First Amendment, and does not infringe on defendant’s mark;

3.  Defendant is not entitled to an injunction against plaintiff using the domain name “charles-carreon.com” or operating the Web site located at the URL “www.charles-carreon.com;” and

4.  Plaintiff shall take a total money judgment inclusive of costs in the amount of $725, being the sum of the filing fee and service costs claimed.

With any luck, so ends the long chain of absurdity that was the Charles Carreon, Oatmeal, and FunnyJunk affair.  Please let this be over.

  • http://www.facebook.com/profile.php?id=654747151 Scott Jacobs Jr

    I do hope that Chucky has to to pay those thousands of dollars…

    • Nicholas Weaver

      I don’t think he does, this may settle things completely.

      Which is good for Satirical Chas, but it is somewhat annoying that Chuckles managed to duck out of any substantial costs for him for his evasion of service and attempt to evade the cost of being served.

      It also shows that Chuckles’s delay gambit worked, as it ensured that this offer would be taken BEFORE he’d have to worry about the problem of the cost of his evasion of the cost of being served.

  • Michael S.

    The ‘in its current manner of use’ bit worries me. This would allow the whole can could be reopened later if Carreon believes the ‘manner of use’ has changed in the future, and leave a court to sort that claim out, no?

    • AdamSteinbaugh

      It could. My impression is that this provision is geared toward allowing Carreon to sue if Satirical Chas were to start throwing up advertisements or forwarding the domain to a competitor of Carreon. It certainly gives Carreon some wiggle room, but if he were to renew litigation while the site was still be used as satire, that probably wouldn’t go well for him.

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  • V

    CC filed his response to the Service and Attorney Fees Motion.