Press Release

Silver Spring, MD--The Neiman Marcus Group, Inc. has lost its effort to shut down the web sites NeimanCarcass.com, NeimanCarcass.org, and NeimanCarcass.net, which are critical of the company's sale of fur products.

The disputed domains, which are owned by The Fund for Animals, use the parody "Neiman Carcass" to protest the retailer's cruel and unnecessary sale of fur. Although parody and satire are protected forms of speech, Neiman Marcus had argued in its complaint that the "Neiman Carcass" site is "confusingly similar" to its name and business.

The Honorable Charles K. McCotter, Jr. (Ret.), however, wrote in his decision on behalf of the National Arbitration Forum that "it is unreasonable to believe that a reasonable consumer would be confused as to what the website is about or whether it is owned, sponsored or affiliated with" Neiman Marcus. He concluded that people who find themselves at NeimanCarcass.com "would quickly understand that the disputed domain names or the web content to which they direct their audience are not affiliated or endorsed by Complainant and in fact are critical of Neiman Marcus insofar as it is involved in the sale of fur."

Michael Markarian, President of The Fund for Animals, said, "Rather than try to prevent the public from seeing that the main ingredient in a fur coat is animal cruelty, Neiman Marcus should stop selling fur and start offering consumers compassionate and socially responsible merchandise choices." A nationwide Decision Research poll revealed that a majority of high-income shoppers consider selling fur socially irresponsible, and by more than a four-to-one margin, prefer to shop at department stores that don’t sell fur.

The Fund for Animals is an animal protection organization that has campaigned against the horrible abuse endured by fur-bearing wildlife since 1967. The group's founder, Cleveland Amory, best-selling author and social critic for national media outlets such as TV Guide and The Today Show, used social commentary and parody to raise awareness regarding animal cruelty. The Fund uses parody in this same vein, including a three-minute musical cartoon in the style of Dr. Seuss, which also names Neiman Marcus and is linked from the "Neiman Carcass" site.

Pierre Grzybowski, Grassroots Coordinator for The Fund for Animals, added, "In the wild, animals trapped for fur suffer for hours or days in steel-jawed leghold traps, chewing through their own limbs trying to escape. And in fur factories, animals live their entire lives in tiny cages, their misery only ending when they are gassed, anally or genitally electrocuted, or have their necks broken. With the many warm and elegant alternatives, there is no reason for Neiman Marcus or any retailer to sell fur."

A copy of the National Arbitration Forum's decision is available online at: www.arb-forum.com/domains/decisions/243503.htm