REPLY TO DANNY D LOW QUESTIONS ABOUT THE OUTLAWS MC

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Today I take the time to respond to Danny D Low and his question he had for me when it came up I don’t cover Outlaws MC when they’re in the news. It’s an issue I covered a few years ago but It’s a good question neverless.
00:00 Here’s the issue brought up time and time again
00:28 Thanks to Danny D low
01:10 Everyone deserves an opinion
03:00 Answer to the question
05:51 As far as Danny is concerned
07:55 Some people are just ignorant

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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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