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Home » Daily Blog, Featured, Trademark

NPR Show Settles Lawsuit Against Creationist Radio Program Real Science Friday

Submitted by Carrie Ellen Sager on January 12, 2013 – 9:04 AM65327 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F01%2F12%2Fnpr-settles-lawsuit-against-creationist-radio-program-real-science-friday%2FNPR+Show+Settles+Lawsuit+Against+Creationist+Radio+Program+Real+Science+Friday2013-01-12+14%3A04%3A16Carrie+Ellen+Sagerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6532

Science Friday host Ira Flatow, by Steve Rhodes

National Public Radio program Science Friday is a weekly radio talk show focusing on current issues in science. Recent segments have included topics such as naturally-occurring antifreeze in cold-water fish, the origin of an approaching comet, and global food shortages.

In contrast, conservative talk show Real Science Friday—now called Real Science Radio—focuses on “debunk[ing] evolution and [showing] the evidence for the creator God including from biology, geology, astronomy, and physics.” Most programming focuses on the idea that scientists are disingenuous, that evolution isn’t real, and that the earth is 6000 years old.

The complaint alleged that by using the name “Real Science Friday” to market their radio show and podcast, as well as by registering the domain name realsciencefriday.com, defendant radio hosts Bob Enyart and Fred Williams were infringing on ScienceFriday, Inc.,’s trademark on the name Science Friday and other, related trademarks.

In December, after the case was transferred to federal court, the parties reached a settlement. Although the settlement agreement was sealed, and therefore its terms are unknown, the rebranding of Real Science Friday to Real Science Radio suggests that a name change was part of the deal.

Had the case not settled, the trial would likely have centered around determining the probability of confusion and whether Real Science Friday was engaged in fair use. The website for Real Science Friday warned readers not to “be fooled by NPR’s parody titled Science Friday ;) ” (yes, with the winky face), which could be viewed as either a disclaimer preventing confusion or a confusing suggestion of ownership of the mark, depending on your opinion of the intelligence of the audience.

The lawsuit also claimed that the realsciencefriday.com domain name attempts to misdirect people trying to find Science Friday’s website, in violation of the Anticybersquatting Consumer Protection Act. As of January 9, realsciencefriday.com is still registered to Enyart and still redirects to his radio show.

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About the Author:

Author: Carrie Sager

Carrie Ellen Sager is a 3L at Washington College of Law. In addition to intellectual property, she is interested in internet policy and reproductive rights. She received her Honours B.A. from the University of Toronto in 2005 and worked in nonprofit web communications prior to law school. Besides blogging for the IP Brief, Carrie is Executive Editor of the Journal of Gender, Social Policy & the Law.

Carrie Sager has written 16 posts for the IPB.

65327 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F01%2F12%2Fnpr-settles-lawsuit-against-creationist-radio-program-real-science-friday%2FNPR+Show+Settles+Lawsuit+Against+Creationist+Radio+Program+Real+Science+Friday2013-01-12+14%3A04%3A16Carrie+Ellen+Sagerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6532 »

  • Ira Flatow says:
    January 14, 2013 at 10:22 AM

    Just for the record, contrary to your headline, NPR was not involved in the law suit. It was brought by ScienceFriday, Inc. which as you wrote, owns the registered mark for Science Friday.

    Reply to this comment »
    • Carrie Ellen Sager says:
      January 14, 2013 at 2:28 PM

      Very right, that was my fault. I've asked the blog editors to correct it.

      Reply to this comment »
  • RockNRollDude says:
    March 29, 2013 at 9:45 PM

    I, too am into reproductive rights . . . for men!
    I'm a Rockaholic and a RockNRollDude.
    Peace + Love!
    Rock N Roll Dude

    Reply to this comment »
  • Lotionhq says:
    April 10, 2013 at 6:39 PM

    nice catch Ira Flatow

    Reply to this comment »
  • youtube.com says:
    April 18, 2013 at 1:57 PM

    Implants can be penetrated in four different ways depending on
    the body type of a patient. Once your surgeon says you no longer have to wear a compression bra, you may begin wearing bras without underwires,
    such as sports bras and soft regular bras. The majority of implants are placed under the breast and on top of the
    pectoral muscle.

    Reply to this comment »
  • twila82 says:
    April 25, 2013 at 10:12 AM

    Nowhere in the article does it suggest t-Rex existed in the last 6000 years. It only suggest the possible existance of soft tissue protien that is reactive with an enzyme in birdlike animals.

    Reply to this comment »
  • mortgages says:
    April 26, 2013 at 12:49 AM

    Nice catch. Hope everything will be fine!

    Reply to this comment »

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Copyright »

Appropriating Sid Vicious

Appropriating Sid Vicious

Mr. Brainwash’s works recently joined the increasing number of cases on appropriation art after photographer Dennis Morris sued the street artist for use of his 1977 picture of Sid Vicious.

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Patents »

Bowman Decision a Win for Big Business

Bowman Decision a Win for Big Business

Shortly after the oral arguments between Monsanto and Bowman, WCL hosted both parties for a post argument discussion. Recently the Supreme Court ruled on the case, requiring annual purchases of Monsanto’s soybeans.

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Trademark »

Can “Boston Strong” be Trademarked?

Can “Boston Strong” be Trademarked?

Following the explosions on April 15, “Boston Strong” emerged as a viral hashtag on Twitter, a rallying cry at public events, and a logo on all kinds of apparels. It does not take too long for business opportunists to take advantage of this national tragedy.

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