DO THE HELLS ANGELS REALLY RUN THE SHOW?
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Eight people were arrested Wednesday morning as part of a drug-trafficking investigation that involved search warrants carried out two years ago, including at the home of a member of the Hells Angels.
00:00 IS THIS REALLY THE HELLS ANGELS MC
00:18 They really don’t like to stick to facts only
01:48 The news as presented
04:13 How did it go from one person to everyone
07:40 It will be a very interesting conversation
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Trademark law does not permit a trademark owner to use its trademark rights to silence commentary and criticism. As with news reporting, courts recognize the important First Amendment values at stake and usually deny efforts by trademark owners to encroach on legitimate commentary and criticism. There are several legal bases for this result: there is no risk of confusion between the commentator and the trademark owner, and nominative fair use may protect this use of the trademark owner's mark. Additionally, courts are likely to find that your use of a trademark in commentary or criticism is "not in connection with a good or service" and "noncommercial" (the argument is especially strong for the latter category). But note that some courts may find your use of a trademark for criticism and commentary to be commercial if you host advertising or link to commercial websites. In any event, to defeat a trademark dilution claim, you do not even need to show that your use is noncommercial. The federal dilution statute creates a categorical exemption for "criticizing . . . or commenting upon the famous mark owner or the goods or services of the famous mark owner." 15 U.S.C. § 1125(c)(3)(A)(ii). 🔥
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