THIS CAN HAPPEN TO YOUR MOTORCYCLE CLUB #bikernews

THIS CAN HAPPEN TO YOUR MOTORCYCLE CLUB

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👉Trademark law does not let a trademark owner exert its trademark rights to stop news reporting about it or its products or services. You see proof of this everyday on the front pages of newspapers, the homepages of news websites, and countless blogs. Mainstream reporters and non-traditional journalists routinely report on earnings announcements, job lay-offs, and accounting scandals without worrying that they are infringing or diluting the trademarks of the companies and organizations they report on. There are several legal bases for this result: there is no risk of confusion between the news source and the trademark owner; nominative fair use protects this use of the trademark owner's mark; and the federal dilution statute expressly exempts "news reporting and news commentary" from a dilution claim. See 15 U.S.C. § 1125(c)(3)(B). As noted above, one court has held that a blogger's critical commentary on a company qualified as "news reporting and news commentary." See BidZirk, LLC v. Smith, 2007 WL 3119445 (D.S.C. Oct. 22, 2007).
👉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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[frank_rocky_fiegel]

Some call them gangs some call them clubs people who call them gangs don't understand that yes they are one club but each chapter operates differently from the other some are involved in bad activities some aren't you got good cops and you got bad ones but you haven't labeled them a gang

[timfrederick]

I am from Birmingham Alabama and still live close by and can assure you the biker clubs in the area by and large are peaceful.

[sgt.grinch]

Not a good situation for anyone involved. I suspect this will be appealed.

[robbiethompson]

I’m guessing no one was a creative thinker their name for the club is so dumb that’s the best they came up with lame😅

[mistergarrison]

I hope the guy who shot a woman in the back would get a lawsuit as well. That is a bad image

[ryders]

My dad used to tell me about when he was younger, the one story was almost just like this just involving a little kid. The kid was walking down a sidewalk going home from school, and two bikers from seperate clubs were arguing, one was on a balcony, other was on the road, the kid walked in between them, just on the sidewalk, the biker by the road got pissed about it, pulled out a sawed off shotgun and shot the kid point blank on purpose. I feel some bikers let their power get to their head too much and stuff like this happen.