Friday, November 28, 2014

Folks Just because Marc Randazza, Adam Steinbaugh and Kenneth White KEEP lying and abusing the court process. Does not make it right and it does not make their blather the TRUTH. They are on the WRONG side of the LAW and the wrong side of the Moral Compass.

Ken White and Adam Steinbaugh are still obsessively
 Stroking their Favorite Prick 
Marc Randazza


No Matter How Many Randazza Legal Groupies SHOUT
Loud and Proud Defending the hypocrisy, arrogance, lawlessness
and FLAT OUT LIES of 
their Porn God Marc Randazza; 
 the LIE is STILL the LIE
the TRUTH is still the TRUTH


No matter how many of you lying, lawless, THUG attorneys come to Idolize, aid and abett Marc Randazza, well, that does not change the ADJUDICATED FACTS.


Kenneth White of Popehat.com does not tell the truth, that is not his mission. He is a hired THUG flat out lying, putting up smoke screens and abusing his power as an officer of the court.

Kenneth White of Popehat.com is simply protecting the Agenda of Porn Attorneys and the Free Speech Coalition which is an organization to protect Porn Companies and DOES not protect those in the industry which is easily seen by the investigative blogs of Monica Foster aKa Alexandra Melody and Desi Foxx aKa Diana Grandmason.

Kenneth White is a SCUMBAG Attorney
whom cares nothing about the law, the facts or the 

constitutional rights of his TARGET.

Yes, do take Ken's advice and look at the Crystal Cox case, one women, me, fighting back as hard as I have been able to and Pro Se, which  Kenneth White slams all pro se folks because then the Randazza Legal Groupies can't make their quick buck. These asshole attorneys love to rake in settlement money and billable hours while at the same time running over the rights of their clients and doing as they please regardless of what the litigant or client may want or have legal rights to.

Kenneth White is protected by the owner of the rip off report. Look at my Rip Off Report on Marc Randazza, it's the only Rip Off Report EVER where the person complaining gets pushed down in the report to make for for  Kenneth White to lie about me, the person who filed the complaint.

http://www.ripoffreport.com/r/Marc-Randazza-of-Randazza-Legal-Group/Las-Vegas-Nevada-89135/Marc-Randazza-of-Randazza-Legal-Group-Marc-Randazza-of-Randazza-Legal-Group-Marc-Randazza-1112488

Rip Off Report won't let me post anymore to this. Rip Off Report gave Ken White a spot on top of my report unlike any other Rip Off Report . 

Believe what you want about me, I don't really care. I keep yapping to help their other victims not stand alone or look to the be the only ones who have had the same abusive, lawless, unconstitutional experience with the Randazza Legal Groupies.

Look at the Joseph Rakofsky Case, Crystal Cox Case, Monica Foster Case, Righthaven and many more. Pay Attention to the forced attorney fees, settlements and the attorneys who blog parts of motions that Randazza tells them to as if Marc Randazza's LIES in court motions is Adjudicated Fact when really it is lying blather that abuses the court process for private retaliation and personal gain.



Kenneth White recently said: 

"Roca Labs is mistaking aggression for strategy. Randazza, by filing his notice of related case, has alerted the federal court hearing the PissedConsumer.com case that Roca Labs is flailing around suing opposing lawyers, which will not go over well. Roca Labs has hired what appears to be an improbably matriculated Muppet to champion their case, despite a patent lack of qualifications. Roca Labs thinks that suing Marc Randazza to shut him up is going to end well. They should have asked Raanan Katz or Crystal Cox how that would turn out."

Dear CLUELESS KEN WHITE
 I did not sue Marc Randazza to SHUT HIM UP.

I sued to fight for my life, to fight back against his attacks
and to stand up for victims not to CENSOR or attempt
to shut him up, Dipshit.
 
You have me confused with Hypocrite Marc Randazza
who sues people to Censor them, Not me.

yes ASK Crystal Cox. I am Pleased with how things have turned out SO FAR. I have Exposed a THUG of a lying hypocritical asshole attorney, and his groupies, and I am just one girl.

Hey Hypocritical LAWLESS Asshole Ken White, IT IS NOT aggressive to stand up to aggression. We are defending ourselves against the ILLEGAL, Unconstitutional Attacks of your God, Marc Randazza. There are tons of related cases. Randazza is unethical, and acts outside of the law in the same way over and over. The proof is EASY to see.

Tell the TRUTH. Do the RIGHT Thing.

Win or Lose ROCA LABS is the Tipping Point. As there is NO DENYING what YOU Randazza Legal Groupies do acting in conspiracy, aiding and abetting.

Whether the courts "believe" it or not, well that will be what it will be. But there is so much proof now, for you to keep Yammering the LIE is simply futile.

YOUR game is OVER. The TRUTH IS OUT.

Ken White seems to think if you lie over and over it becomes the TRUTH, that is SIMPLY not a Reality based Notion or course of action as I See it.

Marc Randazza is the one that uses AGGRESSION instead of strategy. 

Randazza bullies, he sues, he threatens, he steals banking and wire information, he calls your ex's and threatens them, he calls your customer and clients and threatens them, he forces information from your church, he violates your constitutional rights, he violates your privacy rights, he endangers your life, makes your private emails public, violates your client rights, allegedly threatens to throw bombs if he can get away with it rumor has it, and he posts the make and models of porn insiders cars and hopes death upon them. Randazza is dangerously, violently, above the law AGGRESSIVE and so his his THUG gang stalking groupies and Randazza seems to think it's "Strategy".



Caution 100% FACT BELOW

Roca Labs Says:

"Despite being an Officer of the Court and a practicing member of the Florida Bar, RANDAZZA has waged his war against ROCA by intentionally and maliciously publishing many false and defamatory statements in his pleadings, with the intent to share them to his contacts in the media, and indeed by directly speaking to the media about ROCA with the intent to have them publish false, misleading and defamatory articles about ROCA, and by harassing and making derogatory statements about ROCA via his personal social media sites including his Twitter account"

Source and Full Legal Action against First Amendment PORN Attorney Marc Randazza aKa scumbag, hypocritical asshole, liar, and lawless.

https://s3.amazonaws.com/s3.documentcloud.org/documents/1357796/246279896-roca-labs-randazza-complaint.pdf"

NOW That is FACT whether a Court Agrees or NOT does not change that it is fact and the Randazza Legal Groupies do it over and over, year after year, case after case, target after target.



Folks, Look at the Details of the Crystal Cox case. The JUDGE sure seems to be getting Randazza's GAME. And he won't be able to play it much longer on many more victims. YAY.

Seems like my counterclaims are still alive and Dickhead Dazza's claims are actually NULL and VOID. .. have I really LOST Kenny Boy BLATHER?  Or do I just need a GOOD attorney to get My 10 Million for me?

 Easy Money.. Defamation and Malpractice still alive and WELL as far as I see it.
Want to Represent me? eMail me at ReverendCrystalCox@Gmail.com 

Randazza v. Cox and COUNTERCLAIM Docket
http://ia601205.us.archive.org/2/items/gov.uscourts.nvd.91330/gov.uscourts.nvd.91330.docket.html

Thing is YA look at my case. I would say I WON. 

I have exposed these guys, I fought back and I continue to so how did Randazza beat ME, Crystal Cox? HE DID NOT. Just because the courts FAIL to obey the law and FAIL to bring the Randazza Legal Groupies to Justice thus far that does not mean there will not be a tipping point and one day they will ALL go to Prison. That's my WISH.  And that they stop creating victims of porn industry whistleblowers and anyone else they don't like for whatever reason they come up with.

They attacked me for years from all sides 
and still I am in HISTORY books and they are NOT.
So Neener Neener

I WON. They DID NOT. YaY for Me. 

And well Roca Labs may win, maybe not. WHATEVER. What they said on the docket is FACT plain and simple over and over. And one day the Randazza Legal Groupies will go to PRISON for Criminal RICO and Racketeering.. Oh I hope and Pray.

Marc Randazza, Randazza Legal Group is KING of "frivolous lawsuits"

Marc Randazza got all BUTTHURT cuz I called his wife a slut, I bought his domain name and his wife and child... WOW and he was advertising as a Domain Name and trademark expert... NOT!!

oh and I FIRED his dumb, arrogant, abusive ass so he did not get to be the attorney on MY groundbreaking, landmark, stunning, first of it's kind AMAZING Free Speech case that I fought for and has now made history. And I WAS PRO SE.

Eugene Volokh, my awesome attorney on the case, defended the merits of the case I had already laid out and guess what I WON and now ALL Independent Bloggers have Equal Rights in the courts And the MONOPOLY that Big Media HAD on Free SPEECH is over.

Marc Randazza of Randazza Legal Group is NOT a TRUE First Amendment Advocate, he is a First Amendment Expert and he uses that to get his way, bully his targets, engage in online defamation and harassment campaigns and to STEAL intellectual property, get settlements, get his legal fees FORCED and much more SICK and I Allege, Illegal Outcomes.


STOP LYING

OBEY THE LAW

DO THE RIGHT THING

The Ken White, unethical, paint in false light, flat out lying blog post is at
"Roca Labs, Lacking A Hornet Nest Into Which It Could Stick Its Dick, Has Sued Marc Randazza"
http://www.popehat.com/2014/11/11/roca-labs-lacking-a-hornet-nest-into-which-it-could-stick-its-dick-has-sued-marc-randazza/


Adam Steinbaugh and Ken White.. Stroke Stroke Stroke on their favorite PRICK Marc Randazza. But gee darn that will NEVER turn the LIE into the TRUTH no matter how much you blather at what a GOOD GUY your hypocritical asshole GODDAZZA is.

Thursday, November 27, 2014

Randazza Legal Groupies DEFINED; posted here by Bat Shit Crazy Crystal Cox SWORN Enemy of Marc Randazza and ALL of his Lawless EVIL Conspirators. Oh and the REAL First Amendment HERO.

Randazza Legal Groupies :

I, Crystal L. Cox, ALLEGE this is a group of lawyers, bloggers, court news reporters, registrars, radio and big media, WIPO, INTA and more acting in pattern and history (RICO) conspiring against targets in legal cases in a criminal defamation campaign to affect court cases for personal financial gain and to affect legal precedence. ( I allege Racketeering ) intellectual property experts, First Amendment experts, INTA members, porn attorneys, law firms, Ninth Circuit lawyers and law reporters, stalkers, First Amendment attorneys, and more acting in conspiracy.

These targets are individuals, companies, porn insiders, whistle blowers, ex-clients, people who are higher in the search engines, people or companies who have intellectual property they want and whomever they decide they are going to TARGET for what ever their latest agenda is.

This group of attorneys use their legal expertise, law degrees, power as officers of the court, big media and radio connections, corrupt judges and clout to abuse the legal process and the courts, and I allege to commit fraud on the courts in order to seek revenge, affect settlement offers, get clients, get legal precedence for future case, and further their careers as well as get some sort of sick pleasure abusing their victims constitutional rights while at the same time promoting themselves and their LEADER attorney Marc Randazza as Pro Free Speech for ALL and First Amendment Rights for ALL, while they VIOLATED the First Amendment Rights of their TARGETS again and again.

Sunday, November 23, 2014

"MarcRandazza.com Domain Name Dispute. Marc Randazza and the Czech Arbitration Court Domain Name Dispute. Marc Randazza thinks he is above the Law and can take whatever he WANTS. Regardless of the Law or the Constitutional Rights of others. Expose Marc Randazza, Randazza Legal Group"

"Marc Randazza is a self proclaimed First Amendment Attorney, and many believe Marc Randazza is an advocate of Free Speech. Marc Randazza has very good connections regarding who to pay, and how to play within the First Amendment Bar and the Free Speech Laws, but Marc Randazza is no Champion of the First Amendment.

Marc Randazza has done all he can to turn on the Free Speech Rights of a woman whom he wanted to represent in a major Free Speech Case and whom turned him down because he treated her badly.

I am that woman and since this time, nearly a year ago now, Marc Randazza has stolen domain names, filed protective orders, got entire blogs at wordpress and blogger deleted with no warning and has used his power and connections to attack my Free Speech Rights, and stomp on the First Amendment Rights of All.

Marc Randazza has threatened me, conspired to set me up with criminal charges, painted me in False Light, lied about me to Forbes, defamed me, incited a lynch mob against me, and all because Marc Randazza did not approve of a Domain Name I purchased and I rejected Marc J. Randazza of Randazza Legal Group as my Attorney.

I want to sue Marc Randazza for painting me in false light, for defamation, for lying to major media and therefore causing harm to my income potential, endangering my life, causing me duress and more. If you an attorney who is NOT afraid of Marc Randazza, please email me Crystal L. Cox to represent me in a suing Marc Randazza, Randazza Legal Group.

Marc Randazza, appears to me to have mafia ties and is VERY Dangerous.

Marc Randazza is knowledgeable in First Amendment Laws and has many connections, affiliations and conflicts of interest.  Marc Randazza uses this knowledge in order to get his clients and potential clients to bend to his will.

Marc Randazza is a very dangerous man and is connected to stalkers in the Porn Industry whom threaten Porn Stars.  Marc Randazza threatened one of my sources in a private forum, she therefore stopped speaking about Marc Randazza.  Marc Randazza told where she lived, what she drove and wished death upon her.

Marc Randazza is not a good man and must be Exposed. Email me at SavvyBroker@Yahoo.com to Expose Marc Randazza and to Parody Marc Randazza.

Two New Blogs will Expose Marc Randazza

ExposeMarcRandazza.com  and MarcRandazzaParody.com

Below is a Letter eMailed to me Regarding my Rights to Own MarcRandazza.com - Marc Randazza, King of Free Speech Suppression, steals Domain Names and Intellectual Property that Marc Randazza was to dumb to buy or to build. And Marc Randazza will relentless attack you if you demand your First Amendment Rights.

""Dear Crystal,

You and I share a common enemy. I hate that copyright troll shit Marc Randazza. I saw that he filed a domain name dispute against you in the CAC. I am pretty sure that the connection he has with the Czech Republic is that his wife is Czech. Since he obviously has some sort of criminal ties, I wouldn't be shocked if it was that far-reaching.

At any rate, I've dealt with these kinds of things before, and I thought I would offer you a bit of help since I know first-hand how expensive these things can get. I got a copy of his complaint, and I did a lot of research for you and put together a response for you to argue to the CAC that the complaint against you should be dismissed. I hope that it helps you out. Good luck to you.

Introduction

Complainant Marc Randazza has improperly filed a UDRP complaint with the Czech Arbitration Center. Jurisdiction in the CAC is not proper because neither the respondent nor the complainant have ties to the Czech Republic. In addition, Complainant Marc Randazza has ties to illegal activity and Ms. Cox has a right to freedom of speech.

Facts
In late 2011, complainant Marc Randazza approached respondent, Ms. Crystal Cox, about representing her in an appeal of a judgment against her in the United States Ninth Circuit Court of Appeals. Randazza then went behind Ms. Cox's back and began speaking with the opposing party without Ms. Cox's permission, and Ms. Cox terminated their professional relationship. Cox has absolute evidence that Randazza conspired to set her up in a criminal case and that he conspired with the corrupt judge in the case so that her rights would be violated. For this reason alone, the complaint must be dismissed. 

Randazza has known ties to organized crime, is a criminal, and is suspected of participation in a number of unethical acts. He has been a representative of the pornography industry, thus demonstrating a lack of moral character. In his representation of pornographers, he has set up Gay teenagers for suicide, has extorted millions of dollars from innocent parties, and uses his law license as a tool of cyber bullying, terrorism, and criminal activity. This prosecution is the latest in a long line of his incredible acts of moral turpitude and crime. Not only should the complaint be denied, but the Czech Arbitration Court should impose sanctions upon Randazza under Czech Code which provides for sanctions of attorneys who bring frivolous actions against innocent parties. 

1. Elliot Bernstein is not a proper party to this case.

Elliot Bernstein is not a proper party to this case, and for that reason the claims should be denied. Bernstein is the registered name owner of two of the domain names, but as the Court can see, Cox is the publisher of them. BUT, the actual case has to be brought against the real name holder or the party in interest, but it is up to the Complainant to make that distinction. Under ICANN Rule 3.7.7.3, Randazza could have simply asked Bernstein to reveal the underlying owner, and Bernstein would have done so. But, since Randazza was too lazy to do this, his complaint has a fatal flaw that can never be overcome. 

2. Jurisdiction in the Czech Republic is not proper because neither party meets the sufficient minimal contacts test.

Due Process requires that, in order for a forum to exercise personal jurisdiction over a nonresident defendant, that "he have certain minimum contacts with it such that the maintenance of the suit does not offend „traditional notions of fair play and substantial justice.‟" International Shoe Co. v. Washington, 326 US 310, 316 (1945). Because neither Randazza nor Cox reside in the Czech Republic, this court has no jurisdiction over either of them, nor over this dispute. 

The Supreme Court of the United States (A country of which both Randazza and Cox are citizens) has held that before a court has the power to exert jurisdiction over a nonresident defendant, that defendant must "Purposefully avail himself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws." See Hanson v. Denckla, 357 U.S. 235, 253 (1958). 

The Fourteenth Amendment to the United States Constitution requires certain "minimum contacts" between a nonresident defendant and the forum state in order that "traditional notions of fair play and substantial justice," are not offended. See International Shoe Company v. Washington, 326 U.S. 310, 316 (1945). This "Purposeful Availment Test" examines whether the defendant's voluntary actions reasonably and foreseeably create liability in the forum state. See World Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980). This Test protects a defendant from being haled into another state (or country's) court unjustly. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475-76 (citing Keeton v. Hustler Magazine Inc., 465 U.S. 770, 774 (1984); World Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 299 (1980)).

The minimum contacts constitutional requirement serves two objectives: "[I]t protects against the burdens of litigation in a distant or inconvenient forum" unless the defendants contacts to the forum state make it just and fair to force him or her to defend a cause of action, and "it acts to ensure that the states, through their courts, do not reach out beyond the limits imposed on them by their status as co-equal sovereigns in a federal system." See World Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 292 (1980). 

Plaintiff Randazza seeks exactly what the due process clause prohibits, a discard of any notion of due process in order to punitively subject the Cox to litigation in an inconvenient forum. 

DUE PROCESS AND FIRST AMENDMENT CONSIDERATIONS IN THE CONTEXT OF CYBER JOURNALISM

As noted above, the Plaintiff's position demonstrates a a desire to continue unethical behavior to set up the Defendant. Randazza might thing that due process is not due to Cox, this is not the case in real life or on the Internet. Using technology to lead to "the eventual demise on all restrictions on the personal jurisdiction" can not stand. See Hanson v. Denckla, 357 U.S. 235, 250-51 (1958) (citing Pennoyer v. Neff, 95 U.S. 714 (1877), and International Shoe Company v. Washington, 326 U.S. 310 (1945)). To determine jurisdiction in the Internet age, the Court must recognize that the Internet is not restricted by distance or state boundaries. See, e.g., Reno v. ACLU, 521 U.S. 844, 851 (1997) ("Cyberspace is accessible to anyone, located anywhere, with an Internet connection"). 

The world wide nature of Internet use makes it a unique mode of communication unlike newspapers, mail, radio, television, and other media. See Millennium Enterprises, Inc. v. Millennium Music, LP, 33 F.Supp.2d 907, 914(D. Or. 1999). Speech on the Internet targets no jurisdiction in particular and everyone in any geographic location. See Id. 

Given Internet, and the special position granted to matters of free speech, the Court must recognize that this case touches upon time-worn legal issues in a manner not thoroughly resolved the existing law. See generally, David R. Johnson & David Post, Law and Borders - The Rise of Law in Cyberspace, 48 STAN. L. REV. 1367, 1370 (1996) ("Cyberspace has no territorial based boundaries, because of the cost and speed of message transmission on the Internet is almost entirely independent of physical location"). 

Even if an internet speaker sought to avoid jurisdiction in a certain country, there is little to nothing that he could do in order to limit his Website's accessibility in a selected state where the publisher may wish to avoid jurisdiction. See Geoffrey Nunberg, The Internet Filter Farce, found at http://www.prospect.org/print/V12/1/nunberg-g.html. (January 1, 2001) (Discussing the limitations and failures of filtering technology) (last visited, October 17, 2004). 

THE "EFFECTS TEST"

The predominant pre-internet test for jurisdiction, occasionally relied upon in the internet context is the effects test as established by Calder v. Jones, 465 U.S. 783 (1984). In this case, an editor and a writer for the National Enquirer, both residents of Florida, were sued in California for libel arising out of an article published in The Enquirer about Shirley Jones, a resident of California. See Calder v. Jones, 465 U.S. 783 (1984). The United States Supreme Court upheld the determination of personal jurisdiction over the defendants because they had "expressly aimed" their conduct towards California. Id. at 789. 

Relying on the fact that The Enquirer had its largest circulation in California, distributing over 600,000 copies of its publication in that state, the court noted that the defendants knew the harm of their allegedly tortuous activity would be felt there. Id. at 789-90. 

A key distinction in the case at bar is that the The National Enquirer was availing itself of the privilege of operating in California, as it shipped 600,000 copies into that state. 

The National Enquirer purposefully availed itself of the business of doing business in California when it delivered both subscriptions and newsstand copies with a great degree of regularity into that state. If The National Enquirer wished to avoid the likelihood of being haled into a California court, the publication could simply cease publication in California, but its publication in all 49 other states would be unfettered. 

If this court were to accept a simplistic interpretation of Calder in an Internet context, a nonresident defendant would always be subject to jurisdiction in the Czech Arbitration Court simply because the plaintiff's wanted to bring a claim in the Czech Arbitration Court. See, e.g., Panda Brandywine Corp. v. Potomac Elec. 

Power Co., 253 F.3d 865 (5th Cir. 2001). Accordingly, given the nature of the internet, the only way to avoid jurisdiction in any country would be to not speak on matters critical of any entity in any other country - an end result that would chill free speech to an extent impermissible by the First Amendment. This would, in effect, result in this Court licensing "one side of a debate to fight free style, while requiring the other to follow Marquis of Queensberry rules." See R.A.V. v. City of Saint Paul, 505 U.S. 377 (1992). 

This is a position which is counter to the protections of free speech enshrined in the First Amendment. See Id. Accordingly, if this court chose to apply the effects test, this case should most certainly fail due to the strong distinction between the print medium evaluated in Calder and the internet medium in the case at bar.

THE "ZIPPO TEST"

Many courts have taken notice of the unique qualities of the Internet when making decisions regarding personal jurisdiction. The most commonly used approach to determine whether purposeful availment exists in a Website context is the so-called "Zippo Test." This Test was originally articulated in Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F.Supp. 1119 (W.D. Pa. 1997). 

In this case, the Western District of Pennsylvania concluded that "the likelihood that personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and quality of commercial activity that an entity conducts over the Internet." Id. at 1124.

 The court described a sliding continuum for the evaluation of whether jurisdiction should attach. At one end of this spectrum are defendants that clearly conduct business over the Internet. For example, a defendant that may knowingly and repeatedly transmit computer files over the Internet into a forum state, thus creating jurisdiction. Id. (citing Compuserve, Inc. v. Patterson, 89 F.3d 1257 (6th Cir. 1996). 

This test has been met with extensive approval in World wide, but especially in Florida, where Randazza's law firm is based out of.   See, e.g., Miller v. Berman, 289 F.Supp.2d 1327 (M.D. Fla. 2003) (applying the Zippo Test and rejecting jurisdiction in circumstances where the defendant published a web page accessible in Florida, but did not regularly conduct business in the State of Florida); Hartoy, Inc., v. Thompson, 2003 WL 21468079 (S.D. Fla. 2003) (unpublished opinion recognizing and applying the Zippo Test); Miami Breakers Soccer Club, Inc., v. Women's United Soccer Ass'n, 140 F.Supp.2d 1325 (S.D. Fla. 2001) (applying the Zippo Test to a passive Website and rejecting jurisdiction); J.B. Oxford Holdings, Inc., v. Net Trade, Inc., 76 F.Supp.2d 1363, (S.D. Fla. 1999) (applying the Zippo Test and rejecting jurisdiction over a Website that provided the ability for readers to email questions to the defendant, download demonstrations from the defendant, and receive free information about day trading from the defendant). 

At the opposite end of the spectrum are simple passive Websites which are merely accessible by users in all jurisdictions. These passive Websites do little more than make information available to any who may be interested in receiving the information and do not create sufficient minimum contacts for personal jurisdiction to attach. See Zippo at 1124 (citing Bensusan Rest Corp. v. King, 937 F.Supp. 295 (S.D.N.Y. 1996). See also Lofton v. Turbine Design, Inc., 100 F.Supp.2d 404, 409 (ND Miss. 2000) (publication of allegedly defamatory material on a website, under the due process clause, does not create sufficient contacts with the forum state since the site was passive and not designed to attract business); Cybersell, Inc. v. Cybersell, Inc. 130 F.3d 414 (9th Cir. 1997) (web page accessible in the forum state, causing potential harm in the forum state does not create liability in the forum state).

In the middle are interactive Websites where users can exchange information with the host site. In all but the clearest cases, an evaluating court must make a finding that the defendant is somehow expressly targeting internet users in the forum state and not just making itself accessible to everyone. Mere interactivity, without more does not slide the scale toward establishment of minimum contacts. 

See, e.g., Bancroft and Masters, Inc. v. Augusta National, Inc., 223 F.3d 1082, 1087 (9th Cir. 2000) (Interactivity is insufficient by itself, there must be "express aiming" at forum state); Hy Cite Corp. v. BadBusinessBureau.com, LLC, 297 F.Supp.2d 1154, 1161 (W.D. Wis. 2004). "However the ultimate question remains the same, that is, whether the defendant's contacts with the state are of such quality and nature such that it could reasonably expect to be haled into the courts of the forum state." Id. It is clear that the law does not allow jurisdiction over Crystal Cox in the Czech Republic! Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9th Cir. 1997)). 

The purposeful availment requirement is established if the defendant purposefully creates sufficient minimum contacts with Florida in order to create "a substantial connection" with this state. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475-76. The whole constitutional reason for "purposeful availment" requirement is so that the decisions of all states have some measure of predictability and notice that they may be subject to suit in a foreign jurisdiction. See World Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, at 297 (1980). If citizens believe that the risks of litigation in a fora are too likely, citizens of other states may sever any connection to unfavorable forum states. Id. at 297. 

As discussed above, since Cox is technologically unable to limit where in the world her cyber-journalism and Citizen Journalism would be accessed, it is a pre-internet mode of thinking that the defendant could have severed connection to the Czech Republic to avoid jurisdiction here. This is simply illogical in the context of allowing free-expression to thrive without unreasonably and unlawfully chilling all speech on the internet.
Neither Ms. Cox nor attorney Randazza have the minimum contacts necessary to meet the test described in International Shoe. Attorney Randazza currently lives in Nevada, and his law firm is in Florida (and how that is ethical is uncertain). Ms. Cox is a resident of Montana. Neither of them has a connection to the Czech Republic, and Ms. Cox is certainly not "at home" in the Czech Republic. Therefore, the Arbitration Center for Internet Disputes does not have personal jurisdiction over either party, and filing the complaint in the Czech Republic was not proper. 

2. Because Complainant Marc Randazza has ties to illegal activity, he cannot claim legitimate rights to his name as a famous mark.

The doctrine that plaintiff must come into a court of equity with "clean hands" is a reflection of the equitable nature of trademark law. A plaintiff who requests the assistance of a court of equity must not himself be guilty of inequitable conduct. Furthermore, keeping in mind the equitable nature of trademark rights, "misuse" of those rights is a recognized defense. 

Misuse includes activities that may themselves be the basis of a counterclaim, for example, enforcement of a fraudulently obtained registration, and use in violation of other laws. However, at least one court has stated that trademark misuse cannot be used affirmatively. 

In his complaint, Randazza claims that he has shown that his name is a trademark because he is a public individual. HE IS a public individual, and thus his name might function as a trademark, but his name is also associated with pornography, criminality, slander, and libel. Therefore, under New York Times v. Sullivan, in order for him to win this case, he must prove by clear and convincing evidence that Cox acted with actual malice, knowing that her actions could constitute a violation of law. Since her actions had no violation of law in them, there is no possibility that Randazza can ever prevail over her under this standard. 

Further, because of Randazza's obvious ties with the mafia, he is not using his name in a legitimate manner. Ms. Cox is in fear for her life because of Randazza's ties with the Mafia. Additionally, he has sent out a ring of bloggers and stalkers to harass Ms. Cox constantly. Most notably, someone connected to Randazza threatened to break Ms. Cox's legs in a conspiracy with the well-known criminal, Kenneth White, who is a blatant apologist for Randazza. Therefore, Randazza is not making a legitimate use of his name and should not be entitled to rights to it.

Common antitrust misuse defense alleges that the suit brought by plaintiff was brought in bad faith as part of an attempt to monopolize or restrain trade or to shut down or set up an innocent party. A Plaintiff may try to combat this defense by claiming immunity under the Noerr-Pennington doctrine. Under this doctrine, the plaintiff has a constitutional right of access to the courts, which immunizes him from antitrust liability based on his filing suit against defendant. 

The immunity conferred by the Noerr-Pennington doctrine, however, is not absolute. There is an exception to the doctrine known as the "sham exception": if the lawsuit is a mere sham brought to harass a competitor and damage competition, it will not qualify for Noerr-Pennington immunity. Furthermore, a "no sham" ruling does not bar a later malicious prosecution suit based on false testimony not addressed by the court in the initial "no sham" ruling. 

The meaning of the "sham" exception was clarified by the Supreme Court's 1993 decision in the Columbia Pictures case. There, the Court set out a two-part test for sham:

1. the lawsuit must be objectively baseless in the sense that no reasonable litigant would realistically expect success on the merits; and

2. the baseless lawsuit must conceal an attempt to interfere directly with the business relationships of a competitor through the use of government process.

Randazza is clearly trying to interefere directly with Cox and her business relationships. As has been demonstrated by Cox on many occasions, Randazza is a criminal minded and unethical attorney. He has conspired to set her up for extortion. He has worked with her enemies while her attorney and violated the sacred oath of attorney client privilege! How can anything ever be as unclean handed and underhanded, and 

3. Because the European Union recognizes freedom of speech, Marc Randazza should not be allowed to take the Disputed Domain Name from Ms. Cox.

The Charter of Fundamental Rights of the European Union Article 11 provides that "1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers." and "2. The freedom and pluralism of the media shall be respected." 

Further, the European Convention on Human Rights guarantees that "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 

This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." This language is similar to the First Amendment of the U.S. Constitution, which provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Respondent Ms. Cox is an investigative journalist who has made it her life's work to provide truthful information to the public about individuals who have acted improperly. She has a number of successful blogs where she disseminates this information to the public. She is a whistleblower and an agent of the truth.  COX IS A MINISTER, and thus NOT SUBJECT TO SUIT.

The Establishment and Free Exercise Clauses of the First Amendment bar suits brought against Ministers, as does the Czech Constitution and the United Nations treaty on civil rights. 

Government interference with a Minister is an impermissible mixture of church and state. See Watson v. Jones, 13 Wall. 679; Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America, 344 U. S. 94; Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevich,426 U. S. 696. Pp. 10-12.

(c) Since the passage of Title VII of the Civil Rights Act of 1964 and other employment discrimination laws, Courts find that suits against Ministers on matters of religious conviction are can not be maintained. The First Amendment itself, gives special solicitude to the rights of religious clergy members, of which Cox is obviously one (the domains are owned by REVEREND Crystal Cox!) 

Because Cox is a legitimate minister within the meaning of the ministerial exception, the First Amendment requires dismissal of this claim. The ministerial exception is not limited to the head of a religious congregation. 

Conclusion

This court should dismiss the complaint because Randazza made an error about the parties, jurisdiction is not proper in the Czech Republic, Randazza is involved with illegal activity, and Ms. Cox has a right to freedom of speech, Cox is a religious minister and thus immune from suit."

Marc Randazza Email was Send to me from a Blog Reader.

Here are a Few more Blogs regarding Marc Randazza, that Marc Randazza has not had deleted or shut down YET, key word being YET.

http://www.fuckmarcrandazza.com/

http://marcrandazzafreespeech.blogspot.com/

http://www.marcrandazzasucks.com/

marcrandazzaviolatedmylegalrights.blogspot.com

http://www.bloggersrights.com/2012/03/marc-randazza-defends-rush-limbaugh-in.html

http://ethicscomplaint.blogspot.com/2012/06/marc-j-randazza-randazza-legal-group.html

http://www.defamationdefense.com/search/label/Marc%20Randazza

http://marcrandazzaegomaniac.blogspot.com/

http://marcrandazza.blogspot.com/

http://marcrandazzaliedaboutcrystalcox.blogspot.com/

MarcRandazza.com

RandazzaLegalGroupSucks.com 

Posted here by
Investigative Blogger
Reverend Crystal L. Cox
SavvyBroker@Yahoo.com "

Originally Posted At
http://suppressthetruth.blogspot.com/2012/09/marcrandazzacom-domain-name-dispute.html

Since this Randazza has STOLE all those Blogs

Tuesday, November 18, 2014

"The Pornographic Industry's political face officially condones pedophilia & convicted pedophiles"

"Troll Down: The Fight Against Big Porn and their Legal Trolls" ; Kenneth P. White of Popehat.com and Brown of White & Newhouse LLP

For Some Reason Brown of White & Newhouse LLP is very interested in this today. Someone even emailed them a link to my blog that talked about it 2 years ago. So what's up Brown of White & Newhouse LLP and Kenneth P. White of Popehat.com ? What don't you like about this online article?

"Kenneth White: Defender of Logs, Grade A Hypocrite

Ken White is another mafia-funded Big Porn goon who is the co-counsel to Marc Randazza (If Randazza is Tony Soprano, think of Ken as Salvatore Bonpensiero).

He notably engages in hypocritical behaviors which consist of, but are not limited to:

1. Calling out Crystal Cox for attacking Marc Randazza as a parent – and then doing the same thing to Chance Trahan.

2. An ‘offensive’ website that publishes images of real women naked is scum, but a bunch of ‘offensive’ logs, coal and dirt constitutes ‘art’.

3.  Marc Randazza’s defense of Manwin and Porn Valley in numerous civil cases is “first amendment protection”, but posting amateur pictures of real adults (who were not paid any money) is obviously terrible!

4.  Accusing us of profiting from people’s pain and suffering (which really is completely and entirely untrue to begin with, but I’ll roll with your premise as a hypothetical), when you work as a lawyer. Without pain and suffering, you have no clients. It’s perfectly okay for you to get paid to heal them, but when we do it, it’s terrible and wrong? Come off it. Those people transmit their pictures via the public internet.

5. Out of all the Latin phrases you could’ve picked, yours is the most homosexual in nature (not that there’s anything wrong with that, of course) – the ram touches the wall? From the era of the Greeks and Romans? I’m awaiting for you and Randazza to announce that you will be coming out of the closet any second, Ken.  Be it as you have chosen “murum aries attigit” – I will choose the only valid response. Sic semper tyrannis.

6.  I don’t live my life with regrets. Apparently, you do. Your 6th major mistake is the idea that I have to explain anything about MY LIFE to anyone. How do you justify your background in representing the mafia, porn valley, and drug money? Perhaps you should show your children some of the films made by the people that you and Mr. Randazza have represented (which are far more hardcore than anything on our website), hand them an 8-ball and tell them to take a hit, or show them pictures of people who were killed by the mob or street gangs.

7. There is no moral high ground in this battle, and yet you still cling to your false moralism. Obviously, you’ve never done anything that would morally offend anyone, in your entire life. Not only are you a lawyer, you’re a saint, which explains all of the Catholic imagery on your website. And yet, I don’t see a single endorsement from any bishops, priests, dioceses, archdioceses, cardinals, patriarchs, etc. I fully believe that the papacy should also sue you, but unlike you, they’re actually doing the work of God, and thus are too busy to work for the Porn Valley mafia.

8. Either you still have that outdated belief of people as ‘good’ or ‘bad’ OR, more than likely, you’re playing on the naivete of the commoners again. How can you use a phrase from Antony as your motto – and then lecture me about good and evil? You’re a jaded cynic, just like me, and you’re fueled by money. You’d do anything or say anything to win. There’s no morality here. This is a dogfight.


9. We will teach our children not to take naked pictures of themselves, of course. Not to trust scumbag lawyers, not to live in a dump like California or Nevada.  Not to do drugs, and not to waste their lives. However, we’re also going to teach them everything we know about the world – your sons and daughters will contend with ours, for all eternity. Right? Wrong? Admirable? To who? At the end of the day, all of the morals in the world don’t fill stomachs, they don’t build homes, they don’t save lives. If you want to make an omelette, you must crack a few eggs. You know this as well as I do – it fits your modus operandi as much as it does mine. Jesus wandered in the desert and lived in complete poverty – I’m not much for that, sorry. Perhaps I’d believe you if you donated all of your earnings to a good cause, like, say, Hurricane Sandy, and lived out the rest of your life in a monastery. Some days, I think about it myself.

10.  You’ve continually stated the idea that our website is based on cruelty and abuse or some sort of revenge. Hunter Moore’s was. Eric Chanson’s is. Our website is not. It’s solely about the profit. We post people’s naked pictures for advertising revenue.

Not only is it not fun (looking at a bunch of naked people that I really have no attraction to – including many images of men), it’s time-consuming (administrating a server, as well as hours of behind-the-scenes work to make sure the ship stays afloat). I tried for years, and years, and years – to build any kind of successful business – and you are right, I was not good at it. I failed as a musician, as a karaoke builder/host, I failed as a writer, I failed as a salesman, I failed at a great many things. And now that I’ve achieved some margin of success, the competition wants to take that success away from me.

Finally, after 28 years of life, I have a real business that makes me money, I might actually be able to afford to have my teeth fixed, to deal with my countless health issues (including migraines, panic attacks and somatic disorder), I might actually be able to afford food and shelter of my own instead of being dependent. And you, who have lived high on the lamb for decades, don’t like the idea that I might actually get out from below the poverty line, because I’m taking that money from your employers in Porn Valley.

You know what Randazza offered me? $2,500. For the first successful business that I’ve ever built in my naturally born life. I told him, if the number was right, I’d gladly shut down the website and never look back – but you know, as a high-priced porn valley lawyer, that $2,500 is nothing. You can’t feed a family with that money.

Here’s an idea. If you’ve got 40 people on your side, and you all offer me $2,500 each, I’ll shut all of it down. ($2,500 x 40 = $100,000). I would then take the money, purchase a business that has nothing to do with porn (like a restaurant or a bar) and live out the rest of my days working at that gig. In fact, that’s actually the plan with our website now – once I make enough money, I can purchase the businesses I really want to own. It’s SOLELY about money, not revenge or cruelty or anything else.

11. The idea that our site picks on women. For one, that’s entirely false. You managed to pick a few abusive comments, but the majority of the comments on our website are actually compliments from appreciative viewers. In fact, the only reason that most people want to be removed from the website is that their employers are deciding to terminate them from their jobs in a lot of cases.

THOSE ARE THE PEOPLE YOU SHOULD BE GOING AFTER. A boss who fires someone because of naked pictures on the internet. A general public that frowns upon nudity and open expression of sexuality.

For two, there’s a lot of men pictured on our website as well. That should tell you that our website is equal opportunity. So, rather than suggesting we’re bullying women, why don’t you tell the people the truth about the men that are posted on our site (or do you not care about them because they don’t fall into your ‘misogyny’ angle)? Furthermore, your associates have found naked pictures of me.

You can’t portray me as someone who would ‘not like it if someone did this to them’ because I’ve had it done to me.  It hurt – for about 3 days. Then they stopped caring and moved on. Which leads me to…

12. Eventually you and Randazza will stop caring and move on as well. There’s nothing you can do. We’re not doing anything illegal. Your employers paid you for a witch hunt.

Tell Marc Randazza to reveal who is really paying him for this – it’s probably his good buddies at Manwin. Same with you, Ken – reveal your clients instead of standing up the ‘victims’ for permanent ridicule from a frivolous lawsuit.   You’re using them on behalf of Big Porn/Porn Valley.

13. I’m not a racist, sexist, misogynist, or anything else. That would imply I specifically target people of a certain background. I’m a misanthrope, who doesn’t like people in general. I have good reason to hate people for no reason at all. I only make exceptions to the general rule (my family and a few close friends, like Chance). Everyone else? They never helped me.

Why should I feel bad about what they’ve done to themselves? I’ve turned it into a successful business. Kudos to me. You, on the other hand, are Catholic. Do the words ‘Holy Roman Empire’ mean anything to you? What about ‘Spanish Inquisition’? ‘The Crusades’?  Exactly, it’s okay when you and your people do things like that, but God forbid that I make money off of naked pictures!

14.  Posting old pictures of me and stuff I did years ago. You don’t post pictures of yourself when you were 19, Ken. All of that stuff is old. When you examine it in depth, you’re forced to realize that it’s not 2002, it’s not 2003, it’s not 2004 or 2005. It’s 2012. Rather than suggesting that I was just a born villain – why not take a look at what I gave up to get what I have? I’ve never had a decent job or a decent girlfriend in my entire life.

Now, I have a decent business – which obviously has to be illegal in your opinion, even though people have been doing what I do for years, and I’m not the first, and I won’t be the last, which generally means that the precedent is on my side, and that all of this is legal and legit – and you wonder why I’m upset? Nonsense.

You’re getting paid by Porn Valley to target me. This isn’t about your moral convictions or some higher ground, this is a dogfight, it’s a battle between sharks, there’s no good or evil here, it’s just the scumbags on our team versus the scumbags on yours. I’m not holier-than-thou about it, and you shouldn’t be either.

You send a shark to face another shark, a wolf for a wolf, a tiger for a tiger. You have the same mindset as the majority of the USA (and the world, for that matter) – you want to get something done, but you don’t want to get your hands dirty. How lazy and naive. And yet you accuse me of entitlement, I’ll assure you there’s none of that here. Nobody owes me anything. What I do is hard. It hurts on the inside, and on the outside. Massive amounts of stress and lost sleep. Unending pain and further loss of hope for humanity than I ever thought was possible.

These people do it to themselves – they are not sweet, innocent people looking for relationships, they’re looking for casual sex. A lot of them are already married. What does the Catholic church say about being married, and then looking for threesomes or casual sex on Craigslist? Sending naked pictures to total strangers, often in the first email, or outright posting them on the ad itself? I assure you that every one pictured on our website posted all of that information publicly, and thus consented from the very start. If you did not want people to see your naked pictures, you would not take them, or at the very least you would not send them.

Here’s to a glorious battle between two teams of great sharks – Is Anybody Down, Craig Brittain, Chance Trahan, Crystal Cox, Monica Foster, our legal team, all independent small business owners, all true defenders of free speech and expression, all proud citizens of the USA, anyone who isn’t voting for Obama, our friends and supporters, everyone who has submitted content to our website, everyone who loves our website, vs. Porn Valley, organized crime, Randazza Legal, Ken White, Adam Steinbaugh or whoever else you can dig up, the fall guys/girls that have to have their names listed on whatever frivolous suit you file, the liberal left, the religious extremists, and all of the people who want us to starve so we can’t feed, clothe or shelter ourselves or our families.

We are proud of what we do. If we didn’t, someone else would – we’re the very best at it. Hunter Moore won’t build a new website, and no one has any interest in Eric Chanson.

We will not falter nor surrender. Nemo me impune lacessit."

Source
https://web.archive.org/web/20121117120526/http://www.trolldown.com/2012/11/03/kenneth-white-defender-of-logs-grade-a-hypocrite/

Monday, November 17, 2014

Alexandra Mayers, Monica Foster on Marc Randazza and Randazza Legal Group; Marc Randazza SUED Monica Foster to SEEK Revenge. Jennifer Randazza has NO Trademark. Monica Foster has First Amendment Rights over her ART. Yet the EVIL Lawless Randazza's SUED Monica Foster for Trademark Infringement and Defamation Issues. Violent Videos Games, Art, and Parody have First Amendment Rights; well for everyone UNLESS they are making fun of, making ART or Parody of the RANDAZZA's that is.

It is CLEAR that Monica Foster's First Amendment Rights TRUMP any claim that Jennifer Randazza, PROXY, for Asshole Husband Marc Randazza, may have against media genius, professional artist, investigative blogger, porn insider and parody creator Monica Foster.

For more on Court Cases on this Topic, Check out the Link Below
http://freespeechsuppression.blogspot.com/2014/11/the-first-amendment-trumps-trademark.html

I wish that an attorney would represent Monica Foster and counter Sue the Randazza Assholes for BILLIONS, as clearly they knowingly, willfully and wanton SUED this woman outside of the LAW that they know well and are experts in. And they knew they were in the wrong. Another words they did this with "willful and wanton" deliberate intention and they are Financially Liable for Defaming, Harassing, and violating the rights of Monica Foster.

The Randazza's AGAIN abuse court power and process to create victims, to TARGET those who stand up to their tyranny and abuses of the legal process. This is CLEARLY unconstitutional. And guess what, they don't care. You see, you don't want to make an Enemy of a RANDAZZA, or do you? Well I sure did and do, after all I am Crystal Cox SWORN Enemy of Fucktard Marc Randazza, after all.

Hypocritical Asshole Marc Randazza and Lying Slut Jennifer Randazza did this to defame her, traffic her, violate her, stalk her, suppress her speech, violate her human and civil rights and they did so knowing full well that her ART, her PARODY is protected under law and the U.S. Constitution. 

Who can really STOP the Evil Reign of Randazza? 
Well perhaps only God. 
We shall see.

Here are some links on the clear FACT that Monica Foster's art creations and parody are protected under the First Amendment as Mr. Rabid Riddler Randazza and his hypocritical Evil law firm Randazza Legal Group KNOW well, as they are EXPERTS in this area of Law, ALLEGEDLY.

http://freespeechsuppression.blogspot.com/2014/11/the-first-amendment-trumps-trademark.html

"Easter 2014 - Debt Bondage, Sex Trafficking, Randazza Legal Group & the Porn Industry"

  



STOP the EVIL Tyranny of Marc Randazza and his Groupies. 

Expose Marc Randazza and his alleged Civil Conspirators I call "the Randazza Legal Groupies" or the Clusterfuck federation of court manipulating fucktards.



STOP Breaking the Law Randazza


Do the Right Thing !!!

TELL THE TRUTH

The First Amendment TRUMPS Trademark. Yet First Amendment Attorney Marc Randazza gets court to STEAL massive gripe sites from Blogger Crystal Cox claiming "Trademark" Violations. Talk about Abuse of Process and Abuse of Privilege as an Officer of the Court.

Research Links for those Researching Cases in which 
the First Amendment Trumps Trademark

First Amendment Trumps Trademark in Call of Duty Case
http://digilaw.edwardswildman.com/blog.aspx?entry=4878


District Court Holds That First Amendment Trumps Trademark Rights
http://www.wileyrein.com/publications.cfm?sp=articles&newsletter=8&id=6252


When does the First Amendment trump trademark law? 11th Circuit adopts Rogers v. Grimaldi test
http://www.lexology.com/library/detail.aspx?g=acc79d7d-9ceb-4c66-8073-2e61cd8b4362



E.S.S. Entm’t 2000 v. Rock Star Videos: First Amendment Trumps Trademark Rights
http://www.lawupdates.com/commentary/iess_entmt_2000_v_rock_star_videos_i_first_amendment_trumps_trademark_right


EFF to Court: A Trademark Is Not A Censorship Tool
https://www.eff.org/deeplinks/2014/10/eff-court-trademark-not-censorship-tool


First Amendment TRUMPS Trademark;  Big Ruling Says Using Trademarks In Artistic Works Can Be Protected Under The First Amendment
https://www.techdirt.com/articles/20120613/18230119312/big-ruling-says-using-trademarks-artistic-works-can-be-protected-under-first-amendment.shtml


The Constitutional Trump Card: How a Trademark Infringement Game is Won Using a First Amendment Defense
"This session will address the tension between constitutional protections for expressive works and the Lanham Act’s prohibition on trademark infringement, unfair competition and false advertising.

Our speaker will discuss the expanding popularity of the Rogers v. Grimaldi First Amendment defense test and how his firm successfully used the Rogers test to defend a video game industry client in a trademark infringement action."
https://www.bostonbar.org/membership/events/event-details?ID=17092



Overview of Trademark Law
"Finally, certain parodies of trademarks may be permissible if they are not too directly tied to commercial use. The basic idea here is that artistic and editorial parodies of trademarks serve a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection. The courts have adopted different ways of incorporating such First Amendment interests into the analysis. For example, some courts have applied the general "likelihood of confusion" analysis, using the First Amendment as a factor in the analysis. Other courts have expressly balanced First Amendment considerations against the degree of likely confusion. Still other courts have held that the First Amendment effectively trumps trademark law, under certain circumstances. In general, however, the courts appear to be more sympathetic to the extent that parodies are less commercial, and less sympathetic to the extent that parodies involve commercial use of the mark."
https://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm


When Does the First Amendment Trump Trademark Law?
11th Circuit Adopts Rogers v. Grimaldi Test
http://www.martindale.com/matter/asr-1586918.Trump.pdf


Trademark Laws SHOULD NOT be used to trample First Amendment Rights
"In a blog post titled “NACCP: National Association for the Abortion of Colored People,” Radiance Foundation Inc. (“Radiance”) stated that the National Association for the Advancement of Colored People (“NAACP”) holds “all things liberal, most things socialistic, and nothing pro-life.” On April 24th, 2014, the U.S. District Court for the Eastern District of Virginia found Radiance liable for trademark infringement and trademark dilution for its use of NAACP’s trademark in its blog post. Radiance Found., Inc. v. NAACP, 2014 U.S. Dist. LEXIS 57431. The court ruled that Radiance violated the Lanham Act, provisions 15 U.S.C. §1114 and 1125, as well as Virginia Code §59.1-92.12(i), VA. Code Ann. § 59.1-92.12(i) (West 2011). Radiance appealed, and the EFF and ACLU filed an amicus brief in support of Radiance.

Building on three prior Circuit Court cases holdings that “artistic or political use of a trademark” and “literary titles” do not violate the Lanham Act “so long as the level of relevance to the underlying work is merely . . . above zero,” the EFF and the ACLU argue that Radiance’s use of the term “NAACP” in an article title was not infringing on a confusion theory. Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894 (9th Cir. 2002), and E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., 547 F.3d 1095 (9th Cir 2008). The brief reasons that “Radiance’s use of NAACP’s trademark in the title of an article was directly relevant to the article’s political goal and did not explicitly mislead as to the source or content of the article.”  The brief emphasizes that Rogers, Mattel, and E.S.S. Entertainment showed “that the First Amendment broadly protects cultural reference, commentary, criticism and parody, including when such speech uses anther’s trademark.”"
http://jolt.law.harvard.edu/digest/internet/trademark-infringement-or-first-amendment-right-of-freedom-of-speech



"TRADEMARK RIGHTS GIVE WAY TO FREEDOM OF EXPRESSION"
http://allrightsreservedblog.com/2013/08/07/trademark-rights-give-way-to-freedom-of-expression/



Roll (Over) Tide! Free Speech Trumps Trademark Rights
http://www.srlawebsite.com/wp-content/uploads/2013/03/Session-44-Batista.pdf



"[A] recent federal court decision from Virginia would allow trademarks to trump speech. 

In that case, Radiance Foundation v. NAACP, the fight was over a blog post that criticized the NAACP. The Radiance Foundation is a conservative non-profit that advocates for what it perceives to be appropriate family values. In a blog post titled “NAACP: National Association for the Abortion of Colored People,” Radiance claimed that the NAACP embraces “all things liberal, most things socialistic, and nothing pro-life.”

The NAACP responded with a letter to Radiance threatening a lawsuit if it did not cease “using” the NAACP’s trademark. Radiance called on the courts for protection, asking for a declaration the blog post was protected speech. After a bench trial, Judge Raymond Jackson ruled against Radiance, finding that Radiance’s post infringed the NAACP’s trademark …."

Source and More
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/13/is-it-trademark-infringement-to-publish-an-online-article-with-the-title-naacp-national-association-for-the-abortion-of-colored-people/


The First Amendment TRUMPS Trademark 

Especially in Gripe Sites but NOT when it comes to First Amendment Attorney Marc Randazza Suing Blogger Crystal Cox to retaliate, to suppress speech, to intimidate, to defame and paint her in false light to the world. Then Trademark is KING and Marc Randazza uses his power over the court process to take massive online content for 2 years and counting.   Marc Randazza stole blogs, domain names, search engine ranking and all with lies to the courts and cries of Trademark VIOLATION which were flat out FALSE.

More on Marc Randazza's Hypocrisy

http://unethicalscumattorney.blogspot.com/


Summary Judgment Denial Marc Randazza v. Crystal Cox case
http://ia701205.us.archive.org/2/items/gov.uscourts.nvd.91330/gov.uscourts.nvd.91330.200.0.pdf

Randaza v. Cox Docket, Including Counter Claim
Marc Randazza claimed my Gripe sites violated his ALLEGED "Trademark".
http://ia601205.us.archive.org/2/items/gov.uscourts.nvd.91330/gov.uscourts.nvd.91330.docket.html


if you are Reading this and are an Attorney that wants to represent me in Randazza v. Cox, Please eMail me at SavvyBroker@Yahoo.com; I have a GREAT Counter Claim and you could make some money.