Monday, November 17, 2014

The First Amendment TRUMPS Trademark. Yet First Amendment Attorney Marc Randazza gets court to STEAL massive gripe sites from Blogger Crystal Cox claiming "Trademark" Violations. Talk about Abuse of Process and Abuse of Privilege as an Officer of the Court.

Research Links for those Researching Cases in which 
the First Amendment Trumps Trademark

First Amendment Trumps Trademark in Call of Duty Case
http://digilaw.edwardswildman.com/blog.aspx?entry=4878


District Court Holds That First Amendment Trumps Trademark Rights
http://www.wileyrein.com/publications.cfm?sp=articles&newsletter=8&id=6252


When does the First Amendment trump trademark law? 11th Circuit adopts Rogers v. Grimaldi test
http://www.lexology.com/library/detail.aspx?g=acc79d7d-9ceb-4c66-8073-2e61cd8b4362



E.S.S. Entm’t 2000 v. Rock Star Videos: First Amendment Trumps Trademark Rights
http://www.lawupdates.com/commentary/iess_entmt_2000_v_rock_star_videos_i_first_amendment_trumps_trademark_right


EFF to Court: A Trademark Is Not A Censorship Tool
https://www.eff.org/deeplinks/2014/10/eff-court-trademark-not-censorship-tool


First Amendment TRUMPS Trademark;  Big Ruling Says Using Trademarks In Artistic Works Can Be Protected Under The First Amendment
https://www.techdirt.com/articles/20120613/18230119312/big-ruling-says-using-trademarks-artistic-works-can-be-protected-under-first-amendment.shtml


The Constitutional Trump Card: How a Trademark Infringement Game is Won Using a First Amendment Defense
"This session will address the tension between constitutional protections for expressive works and the Lanham Act’s prohibition on trademark infringement, unfair competition and false advertising.

Our speaker will discuss the expanding popularity of the Rogers v. Grimaldi First Amendment defense test and how his firm successfully used the Rogers test to defend a video game industry client in a trademark infringement action."
https://www.bostonbar.org/membership/events/event-details?ID=17092



Overview of Trademark Law
"Finally, certain parodies of trademarks may be permissible if they are not too directly tied to commercial use. The basic idea here is that artistic and editorial parodies of trademarks serve a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection. The courts have adopted different ways of incorporating such First Amendment interests into the analysis. For example, some courts have applied the general "likelihood of confusion" analysis, using the First Amendment as a factor in the analysis. Other courts have expressly balanced First Amendment considerations against the degree of likely confusion. Still other courts have held that the First Amendment effectively trumps trademark law, under certain circumstances. In general, however, the courts appear to be more sympathetic to the extent that parodies are less commercial, and less sympathetic to the extent that parodies involve commercial use of the mark."
https://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm


When Does the First Amendment Trump Trademark Law?
11th Circuit Adopts Rogers v. Grimaldi Test
http://www.martindale.com/matter/asr-1586918.Trump.pdf


Trademark Laws SHOULD NOT be used to trample First Amendment Rights
"In a blog post titled “NACCP: National Association for the Abortion of Colored People,” Radiance Foundation Inc. (“Radiance”) stated that the National Association for the Advancement of Colored People (“NAACP”) holds “all things liberal, most things socialistic, and nothing pro-life.” On April 24th, 2014, the U.S. District Court for the Eastern District of Virginia found Radiance liable for trademark infringement and trademark dilution for its use of NAACP’s trademark in its blog post. Radiance Found., Inc. v. NAACP, 2014 U.S. Dist. LEXIS 57431. The court ruled that Radiance violated the Lanham Act, provisions 15 U.S.C. §1114 and 1125, as well as Virginia Code §59.1-92.12(i), VA. Code Ann. § 59.1-92.12(i) (West 2011). Radiance appealed, and the EFF and ACLU filed an amicus brief in support of Radiance.

Building on three prior Circuit Court cases holdings that “artistic or political use of a trademark” and “literary titles” do not violate the Lanham Act “so long as the level of relevance to the underlying work is merely . . . above zero,” the EFF and the ACLU argue that Radiance’s use of the term “NAACP” in an article title was not infringing on a confusion theory. Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894 (9th Cir. 2002), and E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., 547 F.3d 1095 (9th Cir 2008). The brief reasons that “Radiance’s use of NAACP’s trademark in the title of an article was directly relevant to the article’s political goal and did not explicitly mislead as to the source or content of the article.”  The brief emphasizes that Rogers, Mattel, and E.S.S. Entertainment showed “that the First Amendment broadly protects cultural reference, commentary, criticism and parody, including when such speech uses anther’s trademark.”"
http://jolt.law.harvard.edu/digest/internet/trademark-infringement-or-first-amendment-right-of-freedom-of-speech



"TRADEMARK RIGHTS GIVE WAY TO FREEDOM OF EXPRESSION"
http://allrightsreservedblog.com/2013/08/07/trademark-rights-give-way-to-freedom-of-expression/



Roll (Over) Tide! Free Speech Trumps Trademark Rights
http://www.srlawebsite.com/wp-content/uploads/2013/03/Session-44-Batista.pdf



"[A] recent federal court decision from Virginia would allow trademarks to trump speech. 

In that case, Radiance Foundation v. NAACP, the fight was over a blog post that criticized the NAACP. The Radiance Foundation is a conservative non-profit that advocates for what it perceives to be appropriate family values. In a blog post titled “NAACP: National Association for the Abortion of Colored People,” Radiance claimed that the NAACP embraces “all things liberal, most things socialistic, and nothing pro-life.”

The NAACP responded with a letter to Radiance threatening a lawsuit if it did not cease “using” the NAACP’s trademark. Radiance called on the courts for protection, asking for a declaration the blog post was protected speech. After a bench trial, Judge Raymond Jackson ruled against Radiance, finding that Radiance’s post infringed the NAACP’s trademark …."

Source and More
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/13/is-it-trademark-infringement-to-publish-an-online-article-with-the-title-naacp-national-association-for-the-abortion-of-colored-people/


The First Amendment TRUMPS Trademark 

Especially in Gripe Sites but NOT when it comes to First Amendment Attorney Marc Randazza Suing Blogger Crystal Cox to retaliate, to suppress speech, to intimidate, to defame and paint her in false light to the world. Then Trademark is KING and Marc Randazza uses his power over the court process to take massive online content for 2 years and counting.   Marc Randazza stole blogs, domain names, search engine ranking and all with lies to the courts and cries of Trademark VIOLATION which were flat out FALSE.

More on Marc Randazza's Hypocrisy

http://unethicalscumattorney.blogspot.com/


Summary Judgment Denial Marc Randazza v. Crystal Cox case
http://ia701205.us.archive.org/2/items/gov.uscourts.nvd.91330/gov.uscourts.nvd.91330.200.0.pdf

Randaza v. Cox Docket, Including Counter Claim
Marc Randazza claimed my Gripe sites violated his ALLEGED "Trademark".
http://ia601205.us.archive.org/2/items/gov.uscourts.nvd.91330/gov.uscourts.nvd.91330.docket.html


if you are Reading this and are an Attorney that wants to represent me in Randazza v. Cox, Please eMail me at SavvyBroker@Yahoo.com; I have a GREAT Counter Claim and you could make some money.

Blogger Crystal Cox ALLEGES that Adam Steinbaugh is part of a Gang of Attorneys and Media that aid and abet Randazza Legal Group and Marc Randazza in Civil Conspiracy to influence and win court cases.


Adam Steinbaugh blathers this about me, Crystal Cox.

"Adam Steinbaugh <adam.steinbaugh@gmail.com> Tue, Oct 7, 2014 at 3:30 PM
To: Roca Labs Media <Media@rocalabs.com>

Thanks for the response.

Are you seriously contending that your removal of the video and quick editing of the "fellow doctor" letter just hours after I raised questions about them is pure coincidence? If not, what was the plan?

Second, you're seriously citing Crystal Cox?

Her claims have been rejected by every court that has heard them, save for the Ninth Circuit appeal (which had nothing substantive to do with Randazza.) It's ironic that you're citing a "consumer gripe site" with confidence that the claims there are accurate -- or, for that matter,coherent.

Third, the court proceeding has literally nothing to do with whether Roca Labs' products are effective or not. It's a contractual dispute as to whether a website can allow your customers can post any negative review, whether it's completely true or thoroughly inaccurate. Leaving aside the question I asked about the litigation, you still have not answered any of the remaining questions I've posed.
Lastly, I fail to see why you've included a screenshot of your Twitter notifications page. Was there a point to this?
Best,
ABS"

Source
http://adamsteinbaugh.com/wp-content/uploads/2014/10/roca_labs_emails.pdf



I guess I am not coherent to Adam Steinbaugh, poor thing. His ears must be full of sand and he can't make out what I am saying nor the facts of his yammering stupor.

Dear Asshole Adam Steinbaugh,

Yes my CLAIMS have been rejected by the courts, however they are full out 100% True non-the-less.  My allegations are factual to the best of my ability. I am the GOOD GUY. I am a voice for victims of corruption, abuse on the courts, fraud on the courts, rape, assault, domestic violence, estate fraud, forgery, corrupt judges, corrupt attorney and the victims of those who use legal motions and the court process to bully, harass, defame, torture, drive to suicide, get money and other creepy, sick, civil and human rights violations.

I don't care if 10 million people a day claim I am something I am NOT, that does NOT change the facts. I know who I am and so does God. 

I may not use the language you approve of or have proper legal jargon, but I have told the truth to the best of my ability and for no personal gain, regardless of what the circle jerk groupies tell you, regardless of the lies NPR, Forbes and the New York Times have said because they believe these rogue attorneys over me or the TRUTH, regardless of the unadjudicated evidence that judges use in believing attorneys over their targets, I am still HERE, I am still obeying the law, I am still on the right side of the LAW and the Moral Compass where I have ALWAYS been regardless of the horrific, criminal defamatory, life ruining over the top constitutional, civil and human rights violations in which Marc Randazza and his gang of PURE EVIL gang stalking, lying, harassing, defaming THUGS have and continue to do to me.



Funny in the defamatory email above Adam Steinbaugh calls my sites 
about Marc Randazza a "consumer gripe site". WOW. 

WRONG Adam Steinbaugh according to your Laughable Leader Marc Randazza they are a violation of Trademark and so he TOOK THEM in an unconstitutional TRO in which had no prior First Amendment Adjudication and the only evidence Judge Gloria Navarro had and used as adjudicated fact was blogs such as Jordan Rushie's and other Randazza Legal Groupie blogs, this was fact enough to shut down lots of blogs, steal names such as RandazzaLegalGroupSucks.com, MarcRandazzaSucks.com, MarcRandazzaisAlyingAsshole.com and tons more.

Marc Randazza claimed they were a Trademark Violation of his "Good Name" (LOL) and NOT Gripe sites. Two years later he still has the stolen domain names and my search engine ranking was lost long long long ago. And not only that but Godaddy and Rogue Judge, Judge Gloria Navarro, allowed him to change the servers on the domain names and point them to a blog post on his own personal COMMERCIAL legal blog lying about me, painting me in false light, attacking me and defaming me. Oh and don't forget Ya'll, he was my attorney for a bit in my massively high profile First Amendment Case until I FIRED his dumb, over reaching, bullying, cruel lawless, woman hating, egotistical ASS.

There was NO mistaking my blogs as Gripe Sites. 

Yet Mr. Dangerous Dipshit anti-Free Speech tyrant Marc Randazza took them anyway. And then used his bogus SLAPP suit against me to destroy my life, friendships, business relationships and keep me under constant harassment, online attack and surveillance.

He also used his case against me to bully my church, to get private information from friends, clients and third party vendors such as Godaddy and Verizon. Marc Randazza sues ya and then he has the POWER of the courts as an officer of the court to dig into your emails, your bank records, church records, phone records, harass your friends and ex's and well do anything he damn well pleases with no consequence and with total disrespect for the law and the constitutional, civil and human rights of his TARGET whoever that may be.

Marc Randazza is a lying hypocrite. Anyone that actually reads all of the facts of the Randazza v. Cox and Bernstein case, can see that Marc Randazza is a dangerous hypocrite who uses the court system in a very above the law abusive manner in order to win cases and seek REVENGE.

Summary Judgment Denial showing that Dangerous Delusional Dipshit Marc Randazza had no case.
http://ia701205.us.archive.org/2/items/gov.uscourts.nvd.91330/gov.uscourts.nvd.91330.200.0.pdf

here is the Whole Docket
http://ia601205.us.archive.org/2/items/gov.uscourts.nvd.91330/gov.uscourts.nvd.91330.docket.html


These Randazza Legal Groupies aKa Gang of Attorneys, Media, Legal Bloggers and lawyers that aid and abet Marc Randazza in pattern and history, case after case, target after target to affect the outcome of cases, forces settlements, win case or do whatever their "AGENDA" is against that particular target. Well they seem to think if they keep lying, making fun, degrading and painting their target in false light that eventually the lie will become the TRUTH. And well often times it works for them, and NOT only in the public court of opinion, but they use these distorted, gang stalking, circle jerk blogs as actual evidence and most judges take it as fact because they are attorneys and their target is not.

No matter how many porn industry attorney groupies cheer for Marc Randazza and Randazza Legal Group, the Truth will remain the Truth. I tell the TRUTH, I obey the law and I STAND up for Victims of Corruption and Victims of Attorneys who abuse the courts, abuse the power and privilege they have as attorneys and officers of the court and the LIE will not stand in place of the TRUTH on my Watch.

So Adam Steinbaugh I cordially invite you to Go Fuck Yourself. You don't have a clue who I am or what my world changing, AMAZING God Given, landmark, VICTIM liberating court precedence has done to free the victims of guys like your Circle Jerk Hero Marc Randazza.

And, to my Readers;

YOU ARE THE MEDIA

Tell your Story Nice and Loud on a THOUSAND Blogs.
Expose Rogue Attorneys and Overreaching Judges


Sunday, November 16, 2014

U.S. House of Representatives to authorize the Keystone XL tar sands pipeline. STOP running over our rights. STOP polluting the land. STOP violating the Lakota, the Indian Nation.

The Indian Nation is Sovereign Right? How can the United States FORCE this on land they don't own in any way. The Immigration issues today really point out that the Indians are the NATIVES. When does this end. When does Violating the Indian Nation, the Rights of the People End?

It Ends when YOU say it Does.

"ROSEBUD, SOUTH DAKOTA – In response to Friday’s vote in the U.S. House of Representatives to authorize the Keystone XL tar sands pipeline, the Rosebud Sioux Tribal president announced that the Rosebud Sioux Tribe (Sicangu Lakota Oyate) recognizes the authorization of the this pipeline as an “act of war.”

The Tribe has done its part to remain peaceful in its dealing with the United States in this matter, in spite of the fact that the Rosebud Sioux Tribe has yet to be properly consulted on the project, which would cross through tribal land, and the concerns brought to the Department of Interior and to the Department of State have yet to be addressed.

“THE HOUSE HAS NOW SIGNED OUR DEATH WARRANTS AND THE DEATH WARRANTS OF OUR CHILDREN AND GRANDCHILDREN. THE ROSEBUD SIOUX TRIBE WILL NOT ALLOW THIS PIPELINE THROUGH OUR LANDS,” SAID PRESIDENT CYRIL SCOTT OF THE ROSEBUD SIOUX TRIBE.

“We are outraged at the lack of intergovernmental cooperation. We are a sovereign nation and we are not being treated as such. We will close our reservation borders to Keystone XL. Authorizing Keystone XL is an act of war against our people.”

In February of this year, the Rosebud Sioux Tribe and other members of the Great Sioux Nation adopted tribal resolutions opposing the Keystone XL project.

“The Lakota people have always been stewards of this land,” added President Scott. “We feel it is imperative that we provide safe and responsible alternative energy resources not only to tribal members but to non-tribal members as well. We need to stop focusing and investing in risky fossil fuel projects like TransCanada’s Keystone XL pipeline. We need to start remembering that the earth is our mother and stop polluting her and start taking steps to preserve the land, water, and our grandchildren’s future.”

The Rosebud Sioux Tribe, along with several other South Dakota Tribes, stand together in opposition to risky and dangerous fossil fuel projects like TransCanada’s Keystone XL. The proposed route of TransCanada’s Keystone XL pipeline crosses directly through Great Sioux Nation (Oceti Sakowin) Treaty lands as defined by both the 1851 and 1868 Fort Laramie Treaties and within the current exterior boundaries of the Rosebud Sioux Reservation and Cheyenne River Sioux Reservation."

Source
http://nativenewsonline.net/currents/rosebud-sioux-tribe-house-vote-favor-keystone-xl-pipeline-act-war/

Friday, November 14, 2014

The Unist'ot'en Camp Resistance; Freda Huson - Make a Stand and STOP the Oil Companies from Polluting our Waters, Destroying our Land. Stand with the Indian Nation. Make a stand for Mother Goddess Gaia.

Federal Government has NO Jurisdiction on Indian Land. The Native Americans will Save Mother Earth and us along with it; STAND with the Indian Nation.

Support the Unist'ot'en.

Please Spread the Word about these Folks.

Standing with the Unist'ot'en and doing what you can to help is something that we ALL need to do however we can to save the SOUL of Mother Earth.

Blog the Story, Send them Money, Go there, Make a Stand; Help in whatever way you can, even if it is simply prayer. This is massively Important to raise the vibration of Mother Earth and her people, water, land, animals, soils and air FOR US ALL.

United We Stand for Goddess Gaia; Mother Earth.

Whoever you are, wherever you are. 

"Over the past four years, the Unist'ot'en clan of the Wet’suwet’en nation have literally built a strategy to keep three proposed oil and gas pipelines from crossing their land. Concerned about the environmental damage a leak could cause on land they've never given up, they've constructed a protection camp to block pipeline companies. As opposition to the development of Alberta's tar sands and to fracking projects grows across Canada, with First Nations communities on the front lines, the Unist'ot'en camp is an example of resistance that everyone is watching. "



Solidarity with the Unist'ot'en


Links for more information and how you can help


http://unistotencamp.com/

http://unistotencamp.com/?p=1021

http://unistotencamp.com/?cat=7

https://www.facebook.com/unistoten

Twitter
https://twitter.com/UnistotenCamp

http://www.vice.com/en_ca/read/the-view-from-unistoten-a-camp-that-stands-firmly-in-the-path-of-enbridges-northern-gateway-pipeline

http://www.vice.com/en_ca/read/unistoten-camp-evicted-a-fracked-gas-pipeline-crew-from-their-territories-985

http://aptn.ca/news/2014/03/13/unistoten-camp-resistance/