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STOP DRAGGING THE PAGANS MOTORCYCLE CLUB INTO IT
#PAGANS #PAGANSMC #PAGAN
Before his trial, Vincent filed a “Motion in Limine to Exclude Gang Related Evidence” to exclude his affiliation with the Pagans in court, but it was denied in circuit court. Vincent appealed to the WVSCA, claiming that his position in the Pagan Motorcycle Club was used against him in trial when it should not have been.
00:00 STOP DRAGGING THE PAGANS MOTORCYCLE CLUB INTO IT
00:19 They’re always using club association against people
01:38 They use it to attack your character
03:25 What some ignorant people are saying
05:05 What is this all leading up too
06:40 What if it was self defense
08:38 In an appeal he argued this
10:09 See how they go after them
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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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