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Home > UCLA v. Tom Wilde

UCLA v. Tom Wilde [1]

Submitted by DMLP Staff on Thu, 03/04/2010 - 18:55

Summary

Threat Type: 

Correspondence

Date: 

08/06/2009

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Trademark Infringement
On August 6, 2009, the Office of General Counsel at UCLA sent Tom Wilde a cease and desist letter alleging that his website, Weeding 101 at UCLA, infringed and diluted the University's registered trademark in the letters "UCLA" and that use of the... read full description
Parties

Party Receiving Legal Threat: 

Tom Wilde

Type of Party: 

School

Type of Party: 

Individual

Location of Party: 

  • California

Location of Party: 

  • California

Legal Counsel: 

Patricia M. Jasper (Senior Campus Counsel)

Legal Counsel: 

Adam Kissel, Foundation for Individual Rights in Education
Description

On August 6, 2009, the Office of General Counsel at UCLA sent Tom Wilde a cease and desist letter alleging that his website, Weeding 101 at UCLA, infringed and diluted the University's registered trademark in the letters "UCLA" and that use of the UCLA name constituted "a criminal offense under California Education Code, section 92000." The letter demanded thatWilde cancel the domain name registrations for ucla-weeding101.com and ucla-weeding101.info and take down the websites located at these domains on or before August 17, 2009.  At issue was a website that Wilde launched in July 2009 that contained information about Wilde's expulsion in 1996 from UCLA's Graduate School of Education & Information Studies and critiqued UCLA's student termination policies.   

On August 14, 2009 the Foundation for Individual Rights in Education (FIRE) intervened by writing a response to UCLA on behalf of Wilde, objecting to UCLA's demands on First Amendment grounds. On August 20, 2009 UCLA withdrew its demands.  

Related Links: 

  • Volokh Conspiracy: UCLA Drops Demand That Online Critic Stop Using "UCLA" in His Web Site [2]
  • FIRE: Victory for Free Expression: UCLA Drops Unconstitutional Threats Against Internet Speech; Online Speech Still Threatened at Santa Rosa Junior College [3]

 

Details

Web Site(s) Involved: 

UCLA-weeding101.com

UCLA-weeding101.info

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Trademark
  • Gripe Sites
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • United States
  • California

Relevant Documents: 

PDF icon 2009-08-14-FIRE Letter to UCLA.pdf [4]
PDF icon 2009-08-20-UCLA Retraction.pdf [5]
PDF icon 2009-08-06-ULCA Letter.pdf [6]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

-MW 9/25

Questions for Sam: FIRE's response to UCLA briefly mentions chilling effects. I wasn't sure if I should put that in. Additionally, UCLA alleges a violation of the California Education law regarding the ownership of the name UCLA. FIRE claims that application of that law to the facts of this case would render it unconstitutional...I wasn't sure if I should put that in either. 

 

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/ucla-v-tom-wilde

Links
[1] https://www.dmlp.org/threats/ucla-v-tom-wilde
[2] http://volokh.com/posts/1250874960.shtml
[3] http://www.thefire.org/article/10993.html
[4] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-08-14-FIRE%20Letter%20to%20UCLA.pdf
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-08-20-UCLA%20Retraction.pdf
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-08-06-ULCA%20Letter.pdf