Us Supreme Court, Moses Dewitt, Oklahoma discussed on The News Junkie
There's a legal presumption that you're the valid owner of that trademark. However, if someone can show in court, they have seniority. Mean like you said they've used prior to them in commerce than they could actually supersede the trademark and basically have rights over lady as trademark. Is there anything that can help somebody out in a case like this? Because this lady Lady A, she's now in this situation and man is there are. Are A lot of head. Shake into it that they they didn't want to be racist, so they changed their name from lady antebellum delay, and now they're back and forth with a black lady who used the name for two decades, but when you out of her. She hasn't been nearly as successful as them they they have millions and millions and millions of dollars and huge teams attorneys stuff. Isn't it an unfair situation that she doesn't have the resources? To remedy this situation legally like she should have. Is there any way that she can get around that other programs and things that can help her out? I mean that's always the tough thing. In these cases, oftentimes, they're not worth litigating just because the legal expense of them Now you know in some cases, this wouldn't be one of them, but some cases. If you do win a trademark lawsuit like this, you actually do what we call a disgorgement of profits where basically the company who is using your your bark, or your name has to give you all the money that they've made off that name. And there can be. Make sense financially. Otherwise you'd have to go to a nonprofit organization to represent which there are some out there to kind of help you fight, but of course they're gonNA. Take cases on a case by case basis depending on what they think's appropriate. It's tough. You think she's got a good shot at it down. I think they'll probably come to some sort of settlement or resolution. Saying you know you can use this name. You can use this name that go on half what they were. That's what they were trying to do, but she wants. She wants ten million dollars because she's like I know what I got here. I want ten mil for this. And then they were about to agree to co use the name, and then lady antebellum were formerly lady antebellum the ban. We're like now. We're GONNA SEWARD INSTEAD I. Yeah! They decided to take because they knew they had a better position here because they've got all the resources in the attorneys it's. So, you mean they may lose in court if they go to court, I mean. If I was leading at the Belgian attorney, they just changed their name delay. There really have a whole lot associated with that name there. I've heard from some people that lady a nickname of theirs that they. That they had used, so they do. They have had a trademark for a little bit eleven years. Long, but she's. Fighting it. Why do they have to find themselves in a courtroom? Here's what I I'm gonNA just to boil it down to what I gathered from it. They said we're to change our name delayed. EA something that they had been kind of using something that they had the trademark on right. Then it came out. Oh, there's another lady and they're like Oh. It's. It's a black singer. ooh Does blue songs so also with her. Yes, so they go well. We can't just ignore her because that looks bad, so they go in engage in a conversation with her and she goes. I want ten million dollars and ten million dollars for what we own the trademark. anyways. She's like I. Want Ten million dollars because I think this. This is screwed up. What's happening here and they're like? Forget you. We already own the trademark. There's no more fight to be had here. Was it her or was it the attorneys that she was forced to get? I'm just guessing I mean who knows. I have no idea what was going on. And who tried to leverage, but it seems to me that that's. That's their going. We're holding all the cards. We've got the trademark, and it's now on you to prove that you using it before us. And what would they like? What would she do if she if she proved that she was doing concerts and had like flyers and stuff that would be evidence that she was using a trompe search fliers merchandise CEO advertisements. Online presence all that kind of stuff can be used to show to show that she had seniority. It's such a the whole process so complicated such a pain. What else do we have the list for Moses dewitt oh? Let's see there was the the convicted. I believe. Child Predator or child, Molester, or something that that he served his time, and he's supposed to register as a sex offender, but he didn't. He has to pay his fees. I like his court fees and fines, and he has not done so and I think he's refusing to do so so he doesn't have to register. How long can that go on? It wouldn't there be more people that just up and don't pay their fine, so they're not on the sex offenders list. Sounds like something was done improperly. They're typically pay. You're going to be a condition of probation or parole. They must have done something wrong with the paperwork. None of my guests how that's working. Because normally it certainly does award ballet I'll tell you. Here's a weird one for you, but I thought this was so interesting yesterday Fritz was telling me about this coming down the pipeline during the show and I knew it was one of the things the supreme court was going to rule on. The US Supreme Court essentially ruled that half of of Oklahoma is native American land, and so you go Whoa, what the hell does that mean and it's really kind of complex. This all boils down to a buckle yourself up for this. Some dude named mcgirt. This guy named mcgirt raped a four year old and was convicted in nineteen ninety-seven. Here's what he says would have got the change of face for Moses to mcgurk. Oh Sean, he listen. You raped a four-year-old. And then he was prosecuted by the State of Oklahoma, and he found this loophole in the law and he goes actually. This state has no authority because this happened on native American land and the Supreme Court said. You know what he's right now. The federal officials can still go after him for crimes whether it's a native territory are not the federal authorities still have say in that area, but this was essentially saying that Oklahoma does not have all of the legal rights in this this portion of the state, which is the eastern portion of the state and there's. There's always been questions Moses about what happens when there are. Crimes are when things occur on native American land on tribal lands, and I think that's even what what led to in a bunch of cases, the native Americans getting the rights to open a lot of these casinos on their own properties and sort of get around some of the other things that were blocking other people, but when it comes down to this stuff now, the US Supreme Court basically said this guy's gotta go free, because the state had no jurisdiction there right and it. And what do you do after that? The feds have to file charges? If it's within the statute of limitations, feds could possibly file charges, but you know in that situation. You're absolutely right. The state government does not have jurisdiction over tribal lands on and like you said that's why they have the Indian casinos, which has always been a battle between the Indian casinos in the states as to what gaming they're gonNA, have so even states have no regulation over the tribal lands. The states have basically said. Will you're going to do all the gaming? You know you're going to open up to everything lot like Las Vegas. We'll just legalize it and then you. The, mark, wow that they kind of have this delicate chestnuts yet stalemate going on to Kinda regulate bed. Without any real.