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12 Jul 2022 13:35:40 UTC
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**THE BUTCHER ** FAMOUS EX HELLS ANGEL DIES
#HELLSANGELS #HELLSANGELSMC #ROCKMACHINE
Over 15 years in the motorcycle club scene, 30 years in the biker scene, James Hollywood Macecari reviews news happening out of the biker scene. Author of 3 books on the motorcycle club scene. Brotherhood & Betrayal, New Age of Biking & Brotherhood and Iron Order https://amzn.to/3mao5oI
=================================================================
When Maurice (Mom) Boucher was at the peak of his powers as a Hells Angel, he was the most intimidating crime boss in Quebec.
The former biker gang member died Sunday inside a federal penitentiary in Ste-Anne-des-Plaines, 40 kilometres north of Montreal. Two sources told the Montreal Gazette he died of cancer. After refusing to be treated for the disease for months, he was recently transferred from the Special Handling Unit, a super-maximum security facility, to another on the same property that can provide palliative care, both sources said.
00:00 Topics of the first half of the show
02:53 Family looks for closure for motorcycle accident victim
05:08 Bicyclist Accident
06:36 Why is the FTC going after Harley-Davidson
10:32 ANOTHER FAMOUS EX HELLS ANGEL DIES
?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). ?
#Harley
#HarleyDavidson
#Biker
#Protocol
#MotorcycleClub
#MC
#Tradition
#MotorcycleRally
#Motorcycles
#bikers
#outlawmotorcycleclubs
#bikerlife
...
https://www.youtube.com/watch?v=owvnQcifDb8
Over 15 years in the motorcycle club scene, 30 years in the biker scene, James Hollywood Macecari reviews news happening out of the biker scene. Author of 3 books on the motorcycle club scene. Brotherhood & Betrayal, New Age of Biking & Brotherhood and Iron Order https://amzn.to/3mao5oI
=================================================================
When Maurice (Mom) Boucher was at the peak of his powers as a Hells Angel, he was the most intimidating crime boss in Quebec.
The former biker gang member died Sunday inside a federal penitentiary in Ste-Anne-des-Plaines, 40 kilometres north of Montreal. Two sources told the Montreal Gazette he died of cancer. After refusing to be treated for the disease for months, he was recently transferred from the Special Handling Unit, a super-maximum security facility, to another on the same property that can provide palliative care, both sources said.
00:00 Topics of the first half of the show
02:53 Family looks for closure for motorcycle accident victim
05:08 Bicyclist Accident
06:36 Why is the FTC going after Harley-Davidson
10:32 ANOTHER FAMOUS EX HELLS ANGEL DIES
?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). ?
#Harley
#HarleyDavidson
#Biker
#Protocol
#MotorcycleClub
#MC
#Tradition
#MotorcycleRally
#Motorcycles
#bikers
#outlawmotorcycleclubs
#bikerlife
...
https://www.youtube.com/watch?v=owvnQcifDb8
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Unspecified
video/mp4
Language
English
More from the publisher
Controlling
VIDEO
YOUR
your-friends-say-that-your-motorcycle-is
#BUYINGAMOTORCYCLE #MOTORCYCLE #HARLEYDAVIDSON
?????? About this video:Everyone has heard it, “Harley is the best and if you’re going to get a motorcycle it should be a Harley.” Here is a scenario for you. Your friend saved and worked his butt off to get a new motorcycle so he can ride with you. Are you going to ask him why he didn’t get a Harley and down his motorcycle?
??Visit our new website https://www.motorcyclemadhouse.com
?Get your Copy of Brotherhood & Betrayal- A high powered new book that actually gives you the goods where other books don’t from James Hollywood Macecari https://amzn.to/2QIzj6Y
? New Age of Biking and Brotherhood Paperback by James "Hollywood" Macecari https://amzn.to/3nY4er6
?Insane Throttle Chat- Hook up and chat with other bikers for free https://discord.gg/kd9JTUfN9t
⚡️Join us on Instagram for some cool pics and the Biker Corner https://www.instagram.com/insanethrottlebikernews/
?Get your official Insane Throttle Clothing and Merchandise http://www.proudhooligan.com
? Show Notes and Resources ?
1️⃣ (Article)
2️⃣ (Article)
3️⃣ (Article)
4️⃣(Article)
✔️Disclaimer: Please see the link for our disclaimer policy for all of our videos and audio on the Insane Throttle/ Motorcycle Madhouse YouTube channels and Podcast Platforms
https://harleyliberty.com/insane-throttle-motorcycle-madhouse-radio-youtube-and-audio-disclaimer/
✔️This site to the best of our abilities try to get reputable agencies to highlight articles but make no guarantees, representations, or warranties as to the complete accuracy and inclusion of all relevant information for each video, including but not limited to all video streams, suggested and provided links and resources.
Translated titles:
Tu motocicleta es una mierda
Dein Motorrad ist ein Stück Mist
Votre moto est un morceau de merde
Sua motocicleta é uma merda
Din motorcykel er et stykke lort
Je motorfiets is een stuk crap
Is píosa Crap é do Ghluaisrothar
La tua moto è un pezzo di merda
...
https://www.youtube.com/watch?v=h0-euLofPFE
Transaction
Created
4 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
WHY M
why-motorcycle-clubs-are-so-popular
On this episode of Ask Hollywood. We answer questions sent into us by a subscriber from phoenix Arizona on why we talk about Motorcycle Clubs and Motorcycle Profiling a lot on Motorcycle Madhouse.
I also answer the question about my new book coming out in May Brotherhoods and Betrayal
If you would like a copy of one of my other books New Age of Biking and Brotherhood or Iron Order The year that changed the motorcycle club scene go ahead and click one of the links below.
New Age of Biking and Brotherhood Paperback https://amzn.to/2DeAO4g
Iron Order Motorcycle Club. https://amzn.to/2AFO1kI
...
https://www.youtube.com/watch?v=Y6OIQE13OYY
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Created
4 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
HELLS
hells-angels-pagans-mc-brawl
#HELLSANGELS #PAGANSMC #HELLSANGELSMC
A newly unsealed FBI search warrant reveals how a turf war between rival biker gangs in Southern Massachusetts sparked a bloody 50-man street brawl, which resulted in several gang members being stabbed and bludgeoned.
The heavily redacted warrant, which was filed by an FBI task force officer and unsealed Thursday, details how the Hells Angels motorcycle gang and their supporters came to blows with a rival club called the Pagans in May 2022 over the latter’s encroachment on their territory.
00:00 You have to be careful who you listen too
00:53 Claiming to have unsealed FBI search Warren
02:41 Gettysburg Motorcycle Rally
03:55 Illinois Heritage Harley Davidson Closing
06:22 Bandidos MC Funeral has no incidence
07:32 Daily Beast updates article on Hells Angels & Pagans MC Brawl
10:19 BEWARE OF THE GANGSTER REPORT
Where to Find Me:
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Watch More Videos Like This
?OUTLAWS MC PLAYLIST https://www.youtube.com/playlist?list=PLP89HR5042szywheLlrwugF540IXbmduc
?HELLS ANGELS MC PLAYLIST https://www.youtube.com/watch?v=LABgOyrKc-Q&list=PLP89HR5042sw5PIt8DUjVIlCtJ6ziyUgw
?MONGOLS MC PLAYLIST https://www.youtube.com/watch?v=4WbQy0JGdcI&list=PLP89HR5042sw95hSaYDLQVkBI0hESdRXM
?BANDIDOS MC PLAYLIST https://www.youtube.com/watch?v=Nowr9Cd9oPA&list=PLP89HR5042syXTgFZS4Hs3PmIDR3lKBig
?PAGANS MC Playlist
https://www.youtube.com/watch?v=dDdjC9Sk5IY&list=PLP89HR5042swkHERhb8Y-JZuVfEvBYtyb
?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). ?
#Harley
#HarleyDavidson
#Biker
#Protocol
#MotorcycleClub
#MC
#Tradition
#MotorcycleRally
#Motorcycles
#bikers
#outlawmotorcycleclubs
#bikerlife
#bikershorts
╔═╦╗╔╦╗╔═╦═╦╦╦╦╗╔═╗
║╚╣║║║╚╣╚╣╔╣╔╣║╚╣═╣
╠╗║╚╝║║╠╗║╚╣║║║║║═╣
╚═╩══╩═╩═╩═╩╝╚╩═╩═╝
...
https://www.youtube.com/watch?v=OyuWZmQVCJY
Transaction
Created
3 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
OUTLA
outlaw-motorcycle-clubs-are-finished
#REBELSMC #OUTLAWMOTORCYCLECLUBS #MOTORCYCLECLUBS
Operation Disruption took place between December 9 and 16 in a bid to disrupt, supress and contain bikie activity moving into the Christmas and New Year period.
Detectives charged 25 people with 94 offences.
This included a senior Rebels member, a 47-year-old man from Australind.
00:00 Let’s get this party started
00:11 Why do cops think club members can’t live in a normal neighborhood
02:00 This finally just passed
02:28 This is just pure craziness
05:05 They do it because it’s romantic
06:47 Gut wrenching story
09:25 These young ones are warriors
CHECK OUT MY SECOND CHANNEL INSANE WHEELZ FOR A NEW VIDEO EVERY MONDAY AND THURSDAY AT 5pmcst https://www.youtube.com/@insanemotorcyclelife
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Watch More Videos Like This
?OUTLAWS MC PLAYLIST https://www.youtube.com/playlist?list=PLP89HR5042szywheLlrwugF540IXbmduc
?HELLS ANGELS MC PLAYLIST https://www.youtube.com/watch?v=LABgOyrKc-Q&list=PLP89HR5042sw5PIt8DUjVIlCtJ6ziyUgw
?MONGOLS MC PLAYLIST https://www.youtube.com/watch?v=4WbQy0JGdcI&list=PLP89HR5042sw95hSaYDLQVkBI0hESdRXM
?BANDIDOS MC PLAYLIST https://www.youtube.com/watch?v=Nowr9Cd9oPA&list=PLP89HR5042syXTgFZS4Hs3PmIDR3lKBig
?PAGANS MC Playlist
https://www.youtube.com/watch?v=dDdjC9Sk5IY&list=PLP89HR5042swkHERhb8Y-JZuVfEvBYtyb
-----------------------------------------------------------------
? Important Links & Social Media ?
? FACEBOOK https://www.facebook.com/insanethrottle
? Instagram https://www.instagram.com/officialinsanethrottle/
?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). ?
#Harley
#HarleyDavidson
#Biker
#Protocol
#MotorcycleClub
#MC
#Tradition
#MotorcycleRally
#Motorcycles
#bikers
#outlawmotorcycleclubs
#bikerlife
#bikershorts
...
https://www.youtube.com/watch?v=S7wtDd88vyM
Transaction
Created
4 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
LET'S
let's-get-this-straight-my-thoughts-on
#DEMONSROW #INSANETHROTTLE #DEMONSROWTV
Enough is enough of this channel banging stuff with Demons Row. If I don't want to be seen as hypocritical I have to admit my errors. That's what I've always believed in. When your wrong your wrong. If you want to be in a club and it makes you happy then don't worry about what others say
Need to send something to Insane Throttle?
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Po Box 38
Rockton Illinois 61072
?Second part of show can be heard on your favorite Podcasting Platform or https://anchor.fm/motorcyclemadhouse
? Help us to reach our goal of getting 10,000 followers on Instagram – Instagram Q&A's on Wednesday Nights 7pmcst https://www.instagram.com/officialinsanethrottle Once we hit 10 k we will have a drawing for a free Dual Horn from motohorn.com
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? More Biker News- https://www.harleyliberty.com
? Important Links & Social Media ?
Where to Find Me: Every Platform for Insane Throttle including Bitchute Odysee. https://linktr.ee/insanethrottle
------------------------------------------------------------------------------------
My books: ?
Brotherhood & Betrayal- https://amzn.to/2QIzj6Y
New Age of Biking and Brotherhood- https://amzn.to/3nY4er6
-------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
Video Category- Biker News, Motorcycle Club and Independent Biker Topics
Watch ad free with YouTube Premium.
*****************************************************
IMPORTANT
*****************************************************
Visitors to the Insane Throttle Biker News Channel should know anyone featured on our biker news segments are innocent until proven guilty in a court of law and its owners assume no responsibility for information contained on this channel and disclaim all liability in respect of such information. Insane Throttle Biker News hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services provided, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise.
This video is used for education, criticism, and advocacy related to the biker scene. All motorcycle club patches are the property of said motorcycle club and are used in a news related format to inform the general public.
This YouTube Video constitutes non-infringing fair use under U.S. copyr
...
https://www.youtube.com/watch?v=0T2EjhjA90Q
Transaction
Created
4 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
BIKER
biker-angle-mongols-motorcycle-club-move
I wanted to start off by addressing the hysteria going on all over the Internet Highway. It's actually quite humorous if you think about it. We now have the virtual biker world and then their is reality. You virtual world is filled with these social media groups which sadly take place of the bar scene in real life. Before the internet highway we actually had these things called bars. It was a place where you would go and get a drink and if lucky enough. Get a nice honey to take behind the building for a one-night romp. Bars were also a place where you would go to hear the latest happening in the scene. These Bars were also a place where you actually had to ride your scooter to.
Now the Social Media Groups have taken over. No longer do people get off those keyboards and hop on the scooter to hit the local watering hole to interact? In the present climate they just jump into the virtual world without even leaving the couch. These social groups allow you to talk all the smack in the world and not have to worry about getting a dotted eye or tooth knocked out. See, in the old days a person wouldn't dare go into a bar talking smack about a motorcycle club. This is because it was the real world. If you got caught talking smack in a bar. You would usually be knocked the fuck out. It was easy for a club to get word of who was talking smack and handle their business.
If you would like to become a patreon and supporter of Biker Angle and Motorcycle Madhouse visit our Patreon Page https://www.patreon.com/insanethrottle
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...
https://www.youtube.com/watch?v=hIVekZULMfM
Transaction
Created
4 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
ALL B
all-bikers-put-on-notice-after-outlaws
#BIKERS #MOTORCYCLECLUB #OUTLAWSMC
Bikers are always targeted by law enforcement for a variety of factors. Members of the Outlaws MC in Canada were recently convicted of crimes. Mind you, this had nothing to do with the Outlaws Motorcycle Club, this happened to just individuals. Like clockwork though police used this to label bikers scumbags.
Police said the conviction of the outlaw motorcycle club members should send a message to all bikers. This is one of the first times I’ve personally heard law enforcement target bikers as a whole when something with a motorcycle club goes down.
?Second part of show can be heard on your favorite Podcasting Platform or https://anchor.fm/motorcyclemadhouse
? Help us to reach our goal of getting 10,000 followers on Instagram – Instagram Q&A's on Wednesday Nights 7pmcst https://www.instagram.com/officialinsanethrottle Once we hit 10 k we will have a drawing for a free Dual Horn from motohorn.com
?Check our Insane Throttle Amazon Store https://www.amazon.com/shop/insanethrottle
? Discord Server https://discord.gg/kd9JTUfN9t
?Radio App- https://landing.appypie.com/insane-throttle-radio-app
? More Biker News- https://www.harleyliberty.com
? Important Links & Social Media ?
Where to Find Me: Every Platform for Insane Throttle including Bitchute Odysee. https://linktr.ee/insanethrottle
------------------------------------------------------------------------------------
My books: ?
Brotherhood & Betrayal- https://amzn.to/2QIzj6Y
New Age of Biking and Brotherhood- https://amzn.to/3nY4er6
-------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
Video Category- Biker News, Motorcycle Club and Independent Biker Topics
Watch ad free with YouTube Premium.
*****************************************************
IMPORTANT
*****************************************************
Visitors to the Insane Throttle Biker News Channel should know anyone featured on our biker news segments are innocent until proven guilty in a court of law and its owners assume no responsibility for information contained on this channel and disclaim all liability in respect of such information. Insane Throttle Biker News hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services provided, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise.
This video is used for education, criticism, and advocacy related to the biker scene. All motorcycle club patches are the property of s
...
https://www.youtube.com/watch?v=4OFHDOU8cPw
Transaction
Created
4 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
INDIA
indian-motorcycle-vs-harley-davidson
Indian Motorcycle vs Harley Davidson Motorcycles- Is Indian the new King of the Road?
For all your biker and motorcycle needs Motosports
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Get Your Copy of Hottest New Biker Book this year.
The New Age of Biking & Brotherhood
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...
https://www.youtube.com/watch?v=AMoo-nedIOE
Transaction
Created
4 weeks ago
Content Type
Language
video/mp4
English
Controlling
VIDEO
MARCO
marco-vs-black-dragon-shorts
#BLACKDRAGONBIKERTV #MARCOSMOTORCYCLENATION
There has been some shots fired between Marco and Black Dragon TV. People have been asking for my opinion on the situation and I cover it in this video. #shorts
Where to Find Me:
RUMBLE : https://rumble.com/c/MOTORCYCLEMADHOUSE
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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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Created
3 weeks ago
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English