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Title: Ridiculously Thin Skinned Donald Trump Threatening Critics With Totally Bogus Trademark Infringement Lawsuit
Source:
TechDirt
URL Source: https://www.techdirt.com/articles/2 ... ark-infringement-lawsuit.shtml
Published: Sep 24, 2015
Author: Mike Masnick
Post Date: 2015-09-25 19:55:19 by Deckard
Keywords: None
Views: 5686
Comments: 30
So just last week, we wrote about the ridiculousness of Presidential candidate Ben Carson threatening a trademark (and copyright and publicity rights) lawsuit against people making Ben Carson (both pro- and anti-) clothing. And, now it appears that Donald Trump is doing the same ridiculous, censorious thing. Fresh off of threatening a completely bogus defamation lawsuit against a critical political organization, Alan Garten, one of Trump's lawyers, fired off a hilariously bogus threat letter to the website StopTrump.us. As you can probably guess, the operators of that site are not fans of Mr. Trump. And, of course, that's both completely allowed and encouraged in a democratic country with freedom of expression. Indeed, the Trump® trademark has even been declared "incontestable" by the US. Patent and Trademark Office pursuant to §1065 of the US. Trademark Act (15 U.S.C. § 1065). As such, your use of the Domain Name constitutes a violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), entitling Mr. Trump to recover (i) your profits, (ii) any damages sustained by Mr. Trump, and (iii) the costs of bringing an action against you (which may be tripled by the reviewing court). Loading Loading from the so-presidential dept
But not to Donald Trump or his censorious lawyers, apparently. They're claiming it's trademark infringement, as you can see in the ridiculous letter that was sent to the site. Garten throws out lots of scary sounding legal claims -- almost all of which are totally bullshit. ... it has come to our attention that you have registered the Domain Name STOPTRUMP.US and have made a deliberate attempt to sell T-shirts online using TRUMP and DONALD TRUMP brands without any authorization from Mr. Trump. Please be advised that the unauthorized use of this Domain Name infringes upon Mr. Trump's common law and statutory trademark rights in that the name Trump® is protected by US. Trademark Registration No. 3,526,411.
Scary, scary and completely bullshit. Law professor Eugene Volokh nicely dismantles Trump's trademark claims, pointing out that political criticism is clearly protected free speech and not covered by trademark. Even if it was, any such lawsuit would fail dreadfully. There's no likelihood of confusion here. There's no dilution (which "expressly exempts uses of a trademark for 'identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.'"). Volokh even leaves out the fact that the one registered trademark named only is for "Real estate services, namely, listing, leasing, financing, and managing commercial, residential, and hotel properties." Protesting Trump's political aspirations is none of that.
Your registration (and use) of the Domain Name also constitutes cyber-piracy in violation of the US. Anti-Cybersquatting Consumer Protection Act, 15. U.S.C. § 1125(d). Like the Lanham Act, under Anti-Cybersquatting Act, any person who, in bad faith, registers a domain name that is identical or confusingly similar to the trademark of another person can be held liable for damages -- up to $100,000 per domain. 15 U.S.C. § 1117(d).
The cybersquatting claim is also a complete joke. There are so many cases on the books these days saying it's fine to use a trademarked name for criticism, as it's regularly approved for so-called "sucks sites," and there's no way that StopTrump doesn't qualify.
So just this week alone, we've seen Trump and his lawyers make completely bogus threats using defamation law and trademark law to try to stifle political criticism. What's next? Will he ask the FCC to silence his critics? Yup, that too.
I'm curious if there's ever been a Presidential candidate so thin skinned and so willing to make baseless legal threats to stifle pretty ordinary critics?
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Begin Trace Mode for Comment # 26.
#2. To: Deckard (#0)
He has a history of frivolous law suits. Just this year he was going after Univision and NBC . There have been many others . This article in Atlantic identifies a few of them ,which author William D. Cohan identifies as just some of his noteworthy ones. http://www.theatlantic.com/national/archive/2013/03/the-lawsuits-of-donald- trump/273819/ http://www.thedailybeast.com/articles/2015/07/06/trump-sued-everyone-but-his- hairdresser.html
He settled with NBC by buying their half of the Miss Universe Organization. I'm guessing at a very good price. With Univision, he has an excellent breach- of-contract case. How does Univision think it's OK to cancel the airing of the pageant because they're offended at what Trump said about illegals?
I don't know if he has a case or not . The contract is not filed with the lawsuit ;and it is not a matter of public record. Univision agreed to pay the full licensing amounts it promised for the next five years (totaling $13.5 million) as part of it's disassociation with Trump . In other words, Trump actually didn't lose any direct money from this, because Univision paid it's contractual obligations . Trump then has the audacity to make the claim in the lawsuit that Univision's dropping of the pageant will cost him viewership with Hispanic audiences. Oh the irony ! Trump's lawyers will have to say that Univision's actions will cause him to lose Hispanic audience ;but he won't lose viewership for calling Mexican immigrants ,criminals ,rapists ,murderers ,and drug smugglers . Trump in the suit brags that there was a bidding war for the rights to air the pageant and that Univision won. Well then why would he not just move on to the next bidder to air the show (while also keeping the money Univision paid him)? Univision's decision should not cost him anything . Instead he comes out ahead getting paid twice for the airing .
But... they are filthy, smelly, 3rd world ignorant criminals. You ever scoop one up and shove them in the back of a Crown Vic? They stink, they lie and you can't take your eye off them. All the libtard MSM has been unfavorable to Trump, under pressure, large corporations that have ties to media have been unfair to Trump by pulling out of deals to make him look bad as a way to help that cunt, SHITlary.... only a libtard wouldn't support Trump. I will enjoy your anger once he's elected.
Not bloody likely, however once he implodes, you will enjoy the laughter and derision from those of us who pointed out your folly in supporting a loud-mouthed reality TV actor. Oh, BTW - Trump is no conservative.
#29. To: Deckard (#26)
And you aren't anything but a drug loving, cop hating, capitalism hating... liberal. It's understandable why you hate Trump.
What do you consider being a conservative? He seems to me conservative on immigration. His tax plan is pretty conservative. His trade policy is conservative. Just like Pat Buchanan. His second amemendment position is conservative. You must not like his position on health care. But we already have Obamacare. So it will probably improve. Health care is to expensive. I have it but have go spend several thousand dollars before its useful. About 10 grand you have to spend before you get any benefits. Screw that. I'll say it. I'd prefer universal system where the governemnt pays. We pay through taxes. It could be done with spending cuts. What do you consider to be not conservative that he is proposing?
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#20. To: tomder55 (#2)
"Just this year he was going after Univision and NBC."
#21. To: misterwhite (#20)
With Univision, he has an excellent breach- of-contract case. How does Univision think it's OK to cancel the airing of the pageant because they're offended at what Trump said about illegals?
#22. To: tomder55 (#21)
but he won't lose viewership for calling Mexican immigrants ,criminals ,rapists ,murderers ,and drug smugglers
#26. To: GrandIsland (#22)
(Edited)
I will enjoy your anger once he's elected.
Replies to Comment # 26. Oh, BYW - Trump is no conservative
#30. To: Deckard (#26)
Oh, BTW - Trump is no conservative.
End Trace Mode for Comment # 26.
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