Legal Analysis: Restraining Order and Parody Case in Court

[00:00:02]good morning good morning good morning amazing Leonards it's time it's time I got coffee I got cursy words I I mean I'm starting with hot water coffee's coming coffee's coming but we have a lot to talk about today as we were ending the good morning Dr b as we were ending the uh Murdoch trial a massive Scandal broke in the Bravo Universe And while I am not going to be talking about the entirety of the Scandal because a I don't watch Vanderpump Rules and B I don't know a ton about the Scandal it has gotten very legal there's a temporary restraining order that we're going to go over today um and there it seems that there are cease and desists going out if I get any of those I will cover them too we are covering the legal side of it the chat that knows the T can fill it in I will give a brief overview from my understanding there are plenty of Bravo channels that I'm sure those of you that follow my housewife stuff also follow there are podcasts and tick tocks and Instagram accounts there's all the things if you want all the details and the day-to-day breaking news of the Scandal but um you know in a real bravo moment the first thing everybody wants to know is our camera rolling our camera's rolling and when this broke cameras were rolling and we are just a little bit away from the reunion filming which is going to be hard to do if there is a temporary restraining order in place so we're going to talk about the temporary restraining order I have that I have not I've seen it reported on I have not seen it covered I'm pulling up the document um mostly to encourage others not to do so because I've redacted it I trust my own word acting um so oh face reality has all the highlights saved in in her Instagram that's perfect there are so many great Bravo accounts so you will be able to keep up if you want to know all all of the ins and outs of the Scandal but I have the legal documents I've redacted out the phone numbers the email addresses the home addresses we don't need that to talk about it so that's what we're going to do then we are going to be talking about the parity case the connect the dots case so many of you have the connect the dots I'm going to put up um a comment in the community tab here so if you have done the connect the dots that you can share them with the other law nerds you can always tag me in them across social media so connect the dots is second that's what we're covering today that's a parody case tomorrow I will probably talk about what happens um today in the rust hearing and then I will talk about the other parity case the my poops parody case I've been asked a lot about we will talk about it today so for restraining orders to parity cases that's what we're doing today thank you for being here thank you for being a honored Dr B brought me coffee kind of kind of kind of kind of coffee um and then I've got hot water as well so oh we are almost at a members only live stream with Dr B we are very close we are very close to another Dr B stream um and that is a q a ask us anything stream um and we have some whiskey that we need to try so Let's uh let's get let's get into this shall we I'm Gonna Roll the intro and we're gonna just get going because we have a lot we have a lot to talk about um yeah we have a lot to talk about today but I think look I think there's some parody to the things that we've talked about with this restraining order temporary restraining order is what kind of one of the things that started the depth per defamation suit it was the temporary restraining order heard around the world so we are going to talk about this and go through the um go through all of the all of the parts of that and then answer your questions about it as well for those of you that found me during coverage of of the Murdoch trial as we're shifting back into other content about other topics I do the topics and then q a sometimes I pull in questions but I do a q a at the end so that our replay crew love you can see all the time stamps and get to exactly what they're looking at so let us go let us go hey there I'm Emily D Baker the internet's go-to legal analyst breaking down the legal side of the pop culture and entertainment Stories We Can't Stop talking about I'm a big fan of the cursy words I've been a licensed attorney for over 17 years but this is not legal advice this is where the lonards unite to talk about facts not let's get into it so the scandival that's where we're starting with the scandival of it all here is Tamara Tamara no he's he's he's upstairs curled up but our resident Troublemaker Fred is uh is upstairs is upstairs I saw one more question how do you connect the dots I have connected the dots that I sent out on um on email so if you're signed up to the law alert alert you should have received that if you're not signed up to the law nerd alert you need to sign up and we will send out another round of the connect the dots later today I will show you what they are after we get through it so with that the scandival of it all I love that it's been named the Scandal is dealing with two individuals that are on the Vanderpump Rules show which is a spin-off from Real Housewives with Lisa Vanderpump with people working at a bar I feel and again this is not what I watch I apologize I'm going to have to binge now I'm going to have to binge now I feel like it's kind of Melrose Place where everybody at work kind of dates each other so there are two individuals involved in this restraining order but in the scandival of it all Tom Sandoval the one with the mustache who has a band his band was opening for yatley crew who I adore um the day that this all broke which is just too funny that all the worlds spin background but I thought that that was an incredible Just moment of coincidence so Tom Sandoval is dating and engaged to I think living with owns a house with and has been with Ariana for like 10 years Rachel who's goes by Raquel on the show but in the legal documents her legal name is Rachel so it's going to be confusing to get between Rachel and Raquel same person same person same person um was on Watch What Happens Live Andy Cohen's show in New York and is alleging that another cast member Sheena Shea punched her after that show as the Scandal broke we're going to see what's in all of this and then we're gonna go from there so the truth of the matter is not what has been vetted here these are hear me hear me internet these are allegations there is a reunion pending these are allegations they have not been vetted by the court and won't be vetted until March it is very easy to get a temporary restraining order we saw that in depth be heard we do not know what has happened one way or the other what we know is what is being alleged these are allegations okay so with all of that these are allegations just keep that in mind as we're going through it yes okay let's go through it we're going through the notice of the court hearing first um and as I said I have redacted these because I redact things so these are redacted by me this is I don't know why Savannah is Savannah her middle name I don't understand is that not her legal name did she forget I don't understand why we've gotten to something that's being crossed out but whatever is there another name is there another name I don't know all right so this is from March 7th this is the person seeking protection and all their information seeking protection from Sheena Shea the hearing on this is going to be March 29th at 8 30.

[00:08:32]um and temporary restraining orders for personal conduct and stay away orders as requested are all granted until court hearing that is very um common so these will be granted until the next court hearing if no one shows up to the next court hearing this all just goes away but both parties have the opportunity to show up to the next court hearing and talk to the court about what happened and then decide what should happen but the shit's already out of the horse right if the if the reunion's already filming by the time they get to March 29th the if the goal is to keep somebody out of the reunion or have an excuse to not go to the reunion if that is the goal then you've got a problem if the goal is to keep somebody away from you at work then this is going to give time for tempers to cool so with that that is the court order for the next State signed and noticed let's go to the application for the restraining order that's where all the information is that's where the photos are and all the rest of it again this is redacted by me um I have seen everything under the redaction it is personal identifying information that I don't think needs to be public and I am not going to be the one to make it public all the media Outlets I've seen there like court documents you know obtained by Page Six court documents obtained by me and redacted by me so um reunion is being postponed to the 30th per the last I've read Audrey well that'll be the day after the court hearing so this might be gone this might be gone Emma said could Bravo get involved so that both parties can be on set for their reunion taping it is a hundred yard stay away so I think they can probably make that work if they had somebody in a dressing room and somebody on set and then they had you know people with them moving them around they probably could but it depends on what these parties want to do we we it just depends on what these parties want to do so same thing I don't understand why if somebody can explain to me why Savannah is crossed out I don't understand uh redacted out from addresses but this is Rachel seeking a protective order from Sheena and Rachel again goes by Raquel on the show seeking a protective order from Sheena um and this is how do you know this person co-workers and friends why are you filing in this County the person in the harassment order lives in the county have you or any of the persons named and three been involved in another court case with the person in two no so have you do you have other things going on this is really common in child custody cases things like that is any of that going on here no description of harassment when did it happen March 2nd 2023 at 1 30 a.m who else was there nobody nobody was present how did the person harass you so this is Raquel's statement of how they were harassed by Sheena March 2nd 2023 pushed against brick wall causing injury to back of head and punched me in the face causing injury to my left eye um currently mutual friends and co-workers are telling me she doesn't regret the physical attack on me and would do it again if she found that further emotional distress was caused to our mutual friend I don't know what we mean about further emotional distress but that's what she is saying did the person in two use or threaten to use a gun or other weapon no were you harmed or injured because of the harassment yes black eye and cut scar well it's a cut we don't know if it's a scar yet but okay cut slash scar to left eyebrow blurred vision and swelling to Left Eye did the police come no has the person harassed you at other times no uh personal conduct orders this is the most common one um normally people will do all I asked the court to order person two not to do any of the following things to me harass intimidate molest attack strike stalk threaten assault sexually or otherwise hit abuse destroy personal property of or disturb the Peace of the person I'm I'm surprised they didn't also check B um which is interesting to me B is often checked and it is I've filled out a lot of restraining orders in my day um as a DA when people come into court it was like do you also need a restraining order yes okay I almost always check B contact the person either directly or indirectly in any way including but not limited to in person by telephone and writing by public or private mail by Inner office mail by email by text message by fax or by other electronic means State of California high um can I help you update your form because we need I realize that it says other electronic means but we really need to talk about by YouTube by Snapchat by Twitter um we really need to talk about what other electronic means mean maybe we can leave fax machine at the end but I don't know about interoffice mail but we really need to expand what other electronic means actually means but I'm surprised that that is not selected it leaves a door open it leaves the door open to film if they wanted to film and to third parties they're mutual friends to talk to the others but if the goal here is to stop someone from filming a reunion with you why not check it they're not allowed to contact you in any way or through a third person which means mutual friends why not so I'm surprised that that wasn't checked stay away orders I asked the court to order person and number two to stay at least and they had originally written 500 yards and then changed it to 100 yards 100 yards is common me my home my job or workplace my vehicle job our workplace is hard um if you're going to be filming together if the court orders person number two to stay away from all places listed above will he or she be able to get to his home or school or job yes I've got questions ordering if you are filming a show with someone and you are ordering them so when they ask these questions it's like well do you live together because that's the court needs to consider different things if everyone lives together but if the job is filming Vanderpump Rules and the other party's job is filming Vanderpump Rules how does ordering one to stay away from the job not keep the other to stay away from the job I suppose the answer there is well you can film at different times you don't have to film scenes together you can both still go to work so you don't have to work together and you can just you know separate separate the two um we're not worried about weapons does the other person own or possess any uh not that I know of temporary restraining order I requested a temporary restraining order tro be issued against person two until at least uh two words are hard to last until the hearing um presenting the forms has the person been told that you're going to seek a tro no requests to give less than five days notice of hearing that was not requested no fee for filing the service there should be no fee for filing um because the person in number two has used or threatens to use violence against me or stalked me so they have said look I've been physically assaulted this is their allegation I've been physically assaulted so I shouldn't have to pay to get a tro um possession and protection of animals are very common in domestic situations we're not going to go through everything else number of pages attached to this form zero false there's a bunch of pages attached to the form including the lapd's investigative report so let's go over the police report shall we um again redacted this is a battery call this was a call to LAPD this event happened in New York in the over nine hours of March 2nd after the two filmed Watch What Happens Live it is so hard to read um victim and I think it says victim and suspect wife no but that's not right I think victim and suspect were involved in verbal slash I don't know what that says um but what was told to the police is that victim was um something punch victim pushed victim charged it victim that's what it says charged a victim and punched victim left eye causing injury to victim victim uh rejected to or return to California from New York and made the report so this is from LAPD this is from Urgent Care date of service March 4th so again this happened in the overnight hours of March 2nd um and this is March 4th these are attached to the restraining order and again the reason these are so difficult to read is because this is like a tear off this isn't triplicate so that's part of it um okay so this is uh Raquel at Urgent Care gave the name Raquel in uh the legal pleadings gave the name Rachel same person same person triage notes patient was involved in a physical altercation with another person a friend in New York in the early am hours of Thursday morning possible midnight hours of Wednesday she was pushed struck her head onto a hard concrete onto a hard concrete and was um o m the back end no alcohol no blacking out or no aloc so no altered sorry that is alcohol no alter not altered no blacking out no Envy no confusion then she was punched and struck in the left eye causing bruising pain mild vision changes and also lingering ha from the altercation headache also the left eyebrow laceration healing well the patient presents with Chief complaint of physical altercation with a friend in New York um of the head since Thursday March 2nd complaints I paint blurry vision aches pain swelling patient denies the following and then goes through that they all the triage stuff that we need to do physical exam eyes um abnormality noted in the periorbital exam left eye swelling noted moderate swelling located diffusely around the eye I mean my eyes all the time um ethereum noted moderate ethereum located diffusely around eye tenderness noted mild tenderness left orbital hematoma bruise um on the upper and lower lid eyes abnormality noted mild vision blurry from punch skin lesion to the Head noted left eyebrow skin lesion noted so these are the uh medical treatment assault by unarmed brawler fight other headache syndrome laceration without foreign body to the eyelid without foreign body means really without weapon or something like that that doesn't mean it couldn't have been a ring a fingernail something like that um loss yes thank you also consciousness is Vanderpump Rules a reality show yes yes it is yes it is so um they went through all the other things they went through pulse this is a repeat of the other they noted the affected area to their left eye back of head as reported and then photos were attached so again with anything these are allegations these have been reprinted in TMZ and elsewhere what I will note these are photocopies of like photocopies however it doesn't look like TMZ altered them in any way that was something I was um interested to see whether these were gained up or anything by media that has released them the reason media has released them is because they're attached to court documents there is a bruise and a cut there's a cut to the eyebrow and a bruise to the eye so it is hard though because of the lighting and the insides of eye sockets can be dark but there is a bruise and a cut and that that exists so or at least I see that I don't know about everybody else but there is a bruise to the eyelid where they say it is and um on the top of the eyelid so there is a cut in the eyebrow and a bruise to the top part of the eyelid um and then I don't this is with makeup I don't know when this photo was taken so all right I don't know when this photo was taken this is um uh there's no notation of when this photo was taken these were printed on three eight but it looks like a Band-Aid a Band-Aid over the um the eyebrow there so um and then this is a post I believe from sheena's Instagram that says Sheena always got your back with a punch emoji team Ariana so this is going to is is she admitting by using a fist emoji that she has punched someone I don't know I don't know but what you do on social media will be used what you say can and will be used against you in court so um all right with all of that you know with all of that there's the Emoji that's what's put into court I don't know if we will see um this go to court if they will let this drop I don't know so some of you are saying that's a fist bump emoji well here's the thing when you go to court whether it is a in solidarity or a fist bump Emoji if you are the party arguing that you got punched you're going to go to court and say that's a punch that's a fist Emoji she's saying that I punched her that's what she's going to say um but it does look like you know that there's there's no denying there is a cut to the there is a cut to the eye there is a cut to the eye Brow area how that got there we will see and we will see if this is we will see if this goes to court on the 29th this might drop um for those of you asking why no charges in the ER this is not serious injury um and people don't always press charges there was a police report made it does not say whether she wanted to press charges or not this is a if anything a misdemeanor battery in New York but she's going to the ER in Los Angeles there is nothing anyone in La can do other than take a report about an incident that happened in New York they don't have jurisdiction over it other than to Grant the um other than to Grant the restraining order there's nothing else that can be done if she wanted to press charges then that would have need to have been done or can be done later in New York however this is the party that is is cheating with one of the members on the show so I imagine it would uh it would probably not go over well in the press or she to then press charges um against Sheena but I don't know the inner working dynamics of this group I don't watch this show however that is that is what it is so with all of that um the tro I think will absolutely make filming difficult the tro has been granted there is a active temporary restraining order until March 29th if these parties go to court on March 29th this can be extended if they don't go to march on if they don't go to court on March 29th then it may not be extended so let's go to the notice of hearing and then we're going to move on to other things um skinergy said Rachel was a fan of the show and worked her way up to this she's trying to well we'll see she's trying to play the victim now we will see um two things can be two things can be true at once right you you you get yourself into a massive Scandal like this people are going to have feelings about it but also um you don't you don't you don't physically assault people if that's what happened here so uh let us again this whole show strikes me as Melrose Place and I guess that's what I'm doing this weekend um Kim jorg said her name is Raquel not Rachel on all of her legal filings she's filed her name as Raquel or as Rachel not Raquel so I don't know what her legal name is but in here's the thing on the legal filings she has filed her name as Rachel Savannah Levis Levis on the medical documents that are attached she gave the name Raquel so it seems to me that her legal name in the legally signed documents because these are signed under penalty of perjury by Rachel the medical documents the police report also says Rachel and the medical document says Raquel so I don't know y'all I don't know I think the real name um I think her legal name that she goes by is Rachel and then she goes by Raquel so if if she pronounces it Raquel and spells it Rachel then that's fine I don't know do we pronounce Rachel like Raquel is that an alternate pronunciation she posted a picture of her plane ticket before and the name was Rachel so maybe she pronounces Rachel like Raquel I don't know uh look not my show you could you can pronounce things a lot of different ways I don't really care how people choose to pronounce their names I just she's Raquel but it says Rachel I don't think you can pronounce r-a-c-h-e-l as Raquel but maybe you can maybe just it's just me so Raquel Rachel the thing that's interesting though is on the medical forms it's not a pronunciation thing here's why on the medical forms it's spelled Raquel with a Q so on the medical forms she spelled it Raquel I'm going by the name on the form because it's too much context switching in my head to switch back and forth Rachel is Raquel same same it's I mean it's Hollywood I I think it's smart to not go by your real name anyway um I'm just saying if people if look if you want to work in social media and media go ahead and change your name go ahead and change it go ahead and change it just change it change it because um you have a lot more privacy and a lot more options for privacy as you change your name so I have no problem with um people people changing their name so let us continue on she uses Rachel and Raquel synonymously thank you Lena G exactly and I have no part again I have no problem with people going by stage name at all I don't understand why the middle name is crossed out and I need someone to explain it to me for those of you in the chat like what is the relevancy it's just because people were telling me in the chat that I was saying her name wrong and I needed to explain I probably shouldn't have spent five minutes explaining but I did because now we're here I know quick story apologies I worked I grew up in this area um I worked in actually Marina Del Rey where one of these parties lives and where I worked we had a lot of celebrities come into my workplace it was a sporting goods store people's kids need shoes and tennis rackets and skis and stuff and a lot of the people who came in when they gave me their driver's license and um and credit cards were not the name that I knew them by on whatever TV show that they were on did I do that before I started on the internet no should I have probably do I understand why people spell their names differently like Nate the lawyer do I understand why Nate spells his name differently to be on the internet to keep some level of privacy and anonymity Because the Internet is gonna internet yes yes I do um I think these are probably too close to do it so with all of that um I just I just I don't understand the middle name but okay because if it's your middle name just leave it in the filings I just all right so temporary restraining order protected person restrained person details about said restrained person co-worker friend expiration date March 29th at 8 30 a.m is when this expires expires here's more and that this is what is going this is what has been granted the contact has been granted here even though it was not requested oh no I'm Emily my name is my name I might have to change my real name and now keep my old real name as my stage name I don't know I'm teasing the shit's out of the horse on that one yes Jen's woodworking you got it you got it Meredith yes that's exactly where I used to work all right granted as follows you must not harass intimidate molest attack strike stock threaten assault we already went through those also contact the person directly or indirectly in any way that means through third parties that means through third parties so that was granted on the restraining order and take any action to obtain the person's address or location if this item is not checked the court has found good cause not to make this order so that is that is uh that is what was ordered granted as follows stay a hundred yards away from the person the home of the person the job or workplace other person possession and protection of animals not requested other orders not requested those don't apply here this the clerk will transmit the order um and its proof of service to from law enforcement to be in the system this is the signature of the judicial officer and there we go so that will be served in person on Sheena at some point so those are the restraint that is the temporary restraining order it expires on March 29th we will see if it is um if anyone shows up to court to seek a further restraining order or it will just expire again these are granted on signed declarations um without parties having to be in court and we will see what happens so I'm sure Bravo will will step in you can't have cast members assaulting each other and we've seen Bravo step in in other ways with other cast members um on other shows when that has happened but here's the thing you can't hit people so if that's what happened here that's going to be a problem um um and also if you don't want things to all blow up um like this sleeping with your castmates that are in long-term relationships is probably also a choice maybe to not be made we'll see what happens I imagine that ratings are going to get a huge bump from all of this what do you guys think do you think there's a ratings bump on it uh Joe jersey in the chat I was trying to grab this it jumped hold on let me see if I can grab it I saw it and then it ran away ah question if Sheena can prove this was all self-done or that she didn't do it can Rachel get charged with filing a false police report there are police reports here taking it to that level and choosing to have somebody actually pursue it as that is a bit more of a thing but if none of this is true and it can be proven that none of this is true these were signed under penalty of perjury so technically it is perjury if it is not true so when you sign under penalty of perjury you can be prosecuted for perjury it's a hard it's a hard thing and most prosecution offices won't even deal with it I tried one perjury case there were plenty more that we could have and they didn't um up and Adam said if if the photos used in the filing are old can they subpoena the metadata Adam it's good to see you they can but they would need to um get court orders to get the photos to make sure they haven't been uh manipulated in any way but there's they could use this case number to do it that would require them to get attorneys and defend the case so that would require that to happen because they are in the documents the photos are not dated and you can't see them dated however you also have the contemporaneous medical records that indicate the cut to the eyebrow I don't think the cut to the eyebrow is old based on the medical reports because they square and then here where did it go scandival all right let me pull that back up because also some of those photos look like they were taken at the um location where the Urgent MD care is I don't know if that's true or not but that's the impression that left me what this could be anywhere I mean everything's got White Walls but where these were taken and when is unknown it looks like I cannot tell if that is a date stamp on the photo or from the printout because these printouts say 3 8 23 on them in the corner and I don't know when those printouts or when those date stamps are put there but the contemporaneous um data from the Urgent Care indicate a cut to the eyebrow and a black eye so somebody else saw it as well so yes if these are digital photos which I assume that they are they can get that information down the road um they can get that information down the road and determine when the photos were taken if the photos were manipulated in any way and things like that and that's part of that's part of that's part of any case where there's photographic evidence going forward really is making sure that the photos when the photos were taken where the photos were taken and that's her apartment thank you Miss opinion Miss opinions of Vanderpump Rules perfect I don't watch Vanderpump Rules I'm gonna have to now and then I'm gonna be like ah apartment so the documented Urgent Care gives you date um and gives you a dating uh or a a kind of contemporaneous date and Urgent Care noted the bruising in the upper orbital Urgent Care noted swelling Urgent Care noted the cut and we see I mean swelling is always hard to see in photos it's definitely not like Heather Gay's black eye I mean when we're talking about Bravo black eyes it's not a Heather gay black eye but is that there is a bruise in the upper eyelid that you can see in the photo or that I can see in the photo I shouldn't say everybody sees what I see but there is a bruise in the upper upper eyelid so that's where we're at uh agreed chat she has fantastic eyebrows agreed this is going to be a mess either way this is going to be an absolute mess for Vanderpump Rules will it be a mess in um will it be a mess in the uh ratings Gathering way probably probably so we'll see I see it um and your co-workers shouldn't put hands on you you know even if you understand why they did your co-workers shouldn't put hands on you with that we need to move we just need to move on to parody are you ready to move on to parody are we ready um Heather McDonald I know Heather McDonald I've been on juicy scope she's going off about the Scandal I am all of the Bravo all of the Bravo followers have way more information about this um so Sheena doesn't throw hands like Jen Shaw allegedly well we have definitely seen we have Dev I don't think Jen Shaw gave Heather gay the black guy but we have definitely seen um people lay hands on each other on these reality shows and I think that's a problem for the shows I want to know what the contracts say can you sue Bravo if your co-worker assaults you like where is the boundary from what Bravo is responsible for if they create a work environment where people are going to blows after a work event because Watch What Happens Live is a work event it's just we have to get back to kindergarten rules we were talking about this in the members only behind the scenes of the podcast for this week we were talking about going back to kindergarten rules like use your words no touching ask permission don't take things from other people like don't take their [ __ ] out of their hands back to kindergarten rules don't no touching no touching no touching that's it use your words but we all watch the Bravo shows because we love them so we don't know I don't think we're going to see any charges being pressed if we did I think that would have already happened I think the restraining order do do you need the restraining order do you not need this restraining order is she really worried that Sassy is going to come over to her house and punch her again I don't know if she was punched in the first place because these are allegations is is that the worry is the worry what is the worry is the worry that they will see each other out and it will again be a mess I don't know but we've seen plenty of reality TV stars um assault one another throughout the world or throughout I saw the comment about the real world in the chat throughout the throughout the world of reality television and um at some point I think it's going to be an issue that Bravo is going to have to deal with and we're seeing that across other other areas um there are some other legal things going on with uh Brandy and with ultimate girls trip um a letter to Bravo was published the other day I haven't had a chance to grab it yet so we will get through there um Anika clarified Ariana and Tom were not married they've been together like 10 years though right we're like almost a common law marriage I have to look at the common law marriage with that um Miss opinion said that it says can't sue Bravo co-worker or production company I I want to look at the um I want to look at the contracts on that so let us continue on um the bigger question this is the bigger question Lynn but Bravo isn't Beyond overlooking questionable stuff sometimes for ratings and I think that becomes the bigger question of when does it stop being fun escapism and when is it just co-signing bad behavior for ratings and where is the audience left in all of that and at what point does the audience start to turn so with all of that y'all it's time I want to talk about mischief if I say Mischief Managed three times we're going to end up with Fred here um did I finish my water I just I am trying very hard to hydrate before I caffeinate dear Daniel said no common law marriage in California it kind of makes sense because if you're married for 10 years you get spousal support for life so it's kind of it kind of makes sense to not common law people into that I just don't remember that is definitely not my area of law that I've ever paid attention to literally ever ever prenups a little bit because they're contracts but not the rest of it ah and I spelled that myself perfect that's absolutely delightful I love that you guys are dropping where um where where this the uh where there's common law marriage and not based on your based on your uh based on your experiences Wendy said lvp was on and I haven't watched it I will on Watch What Happens Live last night and she was gobsmacked when she found out about the affair and seemed somewhat disgusted with both Tom and Raquel look this isn't like somebody's dating for six months and then someone else has an affair this is a 10-year relationship that's a that's a lot I mean that's that's a lot of a relationship you know it's I can understand people being surprised all right it's time to talk about Mischief in the Supreme Court and parody and for those of you that aren't familiar with this case I'm going to give a very brief background of the case before I switch topics I'm going to remind you there are activities there I wait it was happening during bravocon did we know this I clearly didn't know this that problem Lots was happening during bravocon um the thing is up and Adam had to tell me who people were because um I didn't know who any of I knew the housewives and that was about it Adam was like this is so and so I'm like okay I think we met Tom Sandoval at bravocon I'm going to tell you about the um I'm gonna tell you about the bad spaniels parody case if you want the activity sheet I took the connect the dots that are in this loss this Amicus that we're going to cover I made them into one PDF for you so if you want the connect the dots um you can sign up at lonardalert.com and it will get emailed to you later today once you sign up for lonard alert.com I have a banner for that just so you can see it and that will also keep you in the loop of all of the things I'm doing where and when I'm streaming during the week if I'm going to be on anybody else's things if I'm going to be on traditional media if I have anything dropping I'm part of a new podcast um that we're going to be talking about more soon as that's getting underway podcast episodes all the things you guys made this week's podcast episode one of my top podcast episodes ever so thank you and we're working on that's even more we're just going to take over so launderedalert.com and don't forget to do the likey subscribe to YouTubey things to the Channel all right with all of that let's get this Mischief Managed people let's talk about bad spaniels and Jack Daniels if you are not following the bad spaniels parody case I love it we have now the my poops parody case that I will be talking about tomorrow but as we're talking about the Jack Daniels bad spaniels case the Supreme Court is going to hear this parody case let me see if there's pictures in this petition or brief here's the thing Jack Daniels Tennessee whiskey number seven is suing over the bad spaniels dog toy and then it ended up at the Supreme Court we'll talk about how very very briefly this is a bottle of Jack Daniels I think we need one of each of these things to put up in the uh put up in the put up put up here um but Jack Daniels old number seven Tennessee whiskey Tennessee gave um it's my understanding and again I am not a long long time Tennessee and I am a new Tennessean but gave out their approvals to make whiskey in numbers so they were approved number seven so Jack Daniels number seven this is bad spaniels the old number two on your Tennessee carpet dog toy it's a chewy dog toy joke but is it parody or is it improper trademark infringement Jack Daniels this is in there brief to the Supreme Court by the way Jack Daniels loves dogs they need you to know Jack Daniels loves dogs and appreciates a good joke as much as anyone but Jack Daniels likes its customers even more and doesn't want them to be confused or associating its fine whiskey with dog poop Jack Daniels does not want you associating its fine whiskey with dog poop that is written in their supreme court brief that this is their brief to the Supreme Court of the United States and they said poop I'm here for it this is why they're saying my kiss briefs I'm here for all of it so Jack Daniels is not thrilled I mean do you associate Jack Daniels with putting it in Coke and throwing up on your carpet I don't know was that just me in college maybe um drink responsible friends we're getting back we're getting back to what they said we're just getting back to what they said in this part to give us the foundation to get to mischief's Amicus brief Jack Daniels loves dogs but appreciates a good joke as much as anyone but likes its customers more and doesn't want them to come doesn't want them confused or associating its fine whiskey with dog poop Jack Daniels also welcomes jokes and it's it's expense but VIP does not just make jokes about Jack Daniels VIP sells products mimicking Jack Daniel's iconic marks and trade dress that mislead customers profit from Jack Daniel's hard-earned Goodwill and Associate Jack Daniels whiskey with excrement in other words poop humor has its time and place particularly for toddlers and young children false false Jack Daniels false poop humor is funny well beyond being a young child poop humor has its time in place particularly for toddlers and young children but Jack Daniels does not want its customers looking at their whiskey bottles and wondering why in the world Jack Daniels is talking about dogs defecating on Tennessee carpets I didn't know this existed until the Supreme Court decided to take it up so welcome to the Streisand Effect Jack Daniels they are uh they are not happy with the recreation of their logo and they are very salty about it so Jack Daniels accordingly sought to enjoin vip's sale of bad spaniels under the lantham ACT this is regarding trademarks claiming that the toy confused customers and infringed on the trademarks and trade dress and deluded Jack Daniel's famous marks by associating them with dog poop and products that appeal to children after a four-day bench trial The District Court agreed it was granted at the district court level the ninth circuit reversed applying the second circuit's decision in Rogers versus Grimaldi the ninth circuit held that the IPS quote humorous dog toy was an expressive work warranting heightened first amendment protection from infringement liability the ninth circuit further held that vip's use of Jack Daniels marks to sell its dog toy was non-commercial and thus immune from dilution liability because the toy was humorous under those rules anyone using a famous Mark to sell sex toys I have a case about that um drinking games or marijuana bongs while misleading customers and destroying billions of dollars in Goodwill all in the name of just having fun humor does not transform the lantham ACT into a trademark free-for-all the decision below and the Rogers decision from which it flows are egregiously wrong that is where we're at when can you poke fun at a trademark when is trademark parity a transformative work and when is humor and expressive work when are you allowed to have a sense of humor but on the corporate side at some point how do you protect your works and this if you are a member you have access to my conversation regarding the Ringo case the Ringo case is a adult toy name Ringo and the owner of a lot of Ringo trademarks Ringo Starr who did not want his name associated with the best-selling [ __ ] ring on adamandeve.com but all right then and I understand like I understand wanting to protect the way that your brand is perceived going to the lengths and expense to get your trademark and wanting to protect your trademark I understand all of that um so it's a difficult thing at what point is it expressive you know so let us let us get into mischief it's my favorite segue yet it's my favorite segue yet I'm just gonna I'm gonna let that marinate for a second I love that I'm gonna let that marinate for a second Angela a in the chat said is this a publicity stunt no this is a trademark battle over what is what is appropriate transformative work of a trademark this is absolutely a real big fight this is a real big fight and it matters um so let us let us get into the amicus briefs why do I love an amicus brief so much because it's somebody who says they're interested in um in the case because it impacts them in the work that they do if you're not familiar with Mischief Mischief is the Art Collective in New York that did the Satan shoes that caused the entire internet to explode they're good at driving attention that's what they do as a rebellious Art Collective so in the Supreme Court of the United States Jack Daniels versus VIP products on rate of cert to the United States Supreme Court Mischief product Studio Inc Amicus brief in support of respondent VIP this is a extensive brief we are not going to get through all of it we would be here forever it's 162 pages long but we are going to get into quite a lot of it um interest of the Amicus Curie crackpots might be how the Tinker Court would describe us far worse one of the other Amicus called us shoe manufacturers how dare they call them shoe manufacturers they don't manufacture shoes meanwhile members of the art world named us the future we call ourselves mischief pronounced mischief footnote one no counsel for a party authored this brief in whole or in part and no counsel or party made a monetary contribution intended to fund the preparation and submission of this brief no person or entity other than amicky their members and their Council made monetary contribution to the preparation and submission of this brief just so we know we are a collective who critiques and comments on American culture the renowned I'm going to pronounce this wrong Puritan Art Gallery describes our work as elaborate interventions that Expose and Leverage The absurdity of our culture political and monetary systems they do do that we start conversations about culture by participating in culture so we agree with this court that the freedom of expression is not limited to areas that the benevolent government provides us as a safe haven provides as a safe haven for People Like Us oh I read that wrong but it was a great sentence so I'm going to read it again so we agree with this court that the freedom of expression is not limited to areas that a benevolent government provides as a safe haven for people like us right our cultural commentary varies we brought attention to the burden of medical debt by soliciting unpaid medical bills then painting the bills on to a canvas and selling the art to pay off the participants medical debt by cutting up Hermes birkenbags and selling them as sandals they did they made Birkin Birkins by cutting up our Mez Birkin bags and selling them as sandals we commented on the obsession with high fashion and how Society assigns value based on a Goods placement in the supply chain 76 000 Birkenstocks made from actual birken bags they were birkenbergen warning neither Hermes or Birkenstock has approved this product birken Perkins at Art Basel this past December I talked about this on Twitter I talked about this on Twitter at Art Basel this December we challenged Society I didn't know this was Mischief that did this I hated this idea but I liked it but I hated it I thought that this was a massive security issue but I was fascinated by it all the same fascinated all the same we'll go to we'll get into the Birkin meta Birkin fight at some point maybe at Art basil this December we challenge society and the art world's desire to flaunt wealth with ATM leaderboard the piece allowed participants to put their bank card into an automatic teller machine that displayed how their account balance compared to the riches of the other participants on the leaderboard people put their ATM cards into the ATM machine it took a picture of you and then displayed your bank balance yeah I didn't know if it was skimming bank accounts though because you had to put your your PIN number in and so yeah Lexi in the chat is like so they just have everyone's Bank information right it freaked me out hold on sidebar sidebar sidebar there's a video I have a video did you guys not see this when it had you might not have seen this I have a video about it I want to hold on um ATM let me see if I can find it let me see if I can find it quickly there's a video um let's see oh this one's up on YouTube this one's up on YouTube here we go let's just grab this one from YouTube instead of from Twitter um there we go this is from Miami Herald okay perfect all right shall we yes let's let me open this up on YouTube real quick um an ATM so I don't I remember the leader had the video I saw the leader had millions in their bank account and I had questions we made a an ATM that has a Leaderboard on it totally functional ATM take money out check your balance okay wait we're going back 2.98 million high score high score high score 2.98 million is the high score with a photo functional ATM take money out check your balance um and just I didn't realize this was Mischief it all makes so much more sense now oh no they're not random numbers this is a bank account this is a bank account yeah it's wild that's what I said T6 piece is like how to get robbed right here's your bank account balance and your photo on the internet forever it's just ranks everybody's balance the the ATM kind of like the super literal Act of just displaying how much money you have on your photo for everyone to see is yeah the least subtle possible version of the kind of conspicuous wealth flaunting that is you know that's sort of the content I love that this is an interview with the Mischief artist this is so much better than just seeing the video about it the constant subtext of Affair like basil of a city like Miami just instead of doing with a car or a Rolex or the you know buying a piece around right right uh this is this is the sort of like the blunt force implementation of that blunt force implementation of flaunting wealth and the thing is that they were so confident people would participate because the artist at Mischief clearly understand humans and know that the humans that are at Art basil are going to flaunt their wealth one way or the other some people are very hesitant and some people are not there's been a lot of you know like weird peer pressuring of friend groups to push someone to try it oh I would never but I actually think doing it is very brave and kind of like radically transparent to some extent it's a really Brave act I think to do it especially when there's a crowd and a bunch I don't know if it's bravery people looking and knowing that your face is going to be on this leaderboard for as long as this object exists and the other thing is you know people are hesitant because they feel like they don't have enough money in the bank account they're not going to hit the top 10 but as we're watching it I mean we're kind of thinking like I mean obviously in some ways right right the higher you are up on this list the more the piece is making fun of you yeah yeah so that so that I didn't realize that was them um I'm a big no on that you've got to put your ATM into you've got to put your um pin code into it skimming is a huge issue when it comes to ATM machines you don't know the security but that's my lawyer brain of like wow they could just have literally what if the art this is what I had joked about at the time on Twitter like what if the Art Exhibit is that now that they have your ATM you know PIN code and your bank number and your ATM card number what if the true the true performance art is they just drain your bank account and all the numbers at the end go to zero and they've drained everyone's bank accounts out and it ends up being like an ocean 11's Heist I'm like what is that what the purpose of the art is and then they're like oh it's to start I just I couldn't I couldn't I didn't know this was them so I'm here for it um all right our cease and desist Grand Prix project spotlighted how multinational corporations abused the lantham ACT through cease and desist threats to prevent speech likewise tap three highlighted the constraints that litigious corporate property holders impose on creativity we invoke the profile of a popular steeper sneaker wrapped it in Mischief branded tape to dispel confusion and symbolically demonstrate how the likelihood of confusion tests restrains expression and creativity this is going to trademarking exactly the um Puritan Art Gallery hosted our debut solo art exhibition in late 2022 footnote two um No More Tears I'm loving it there's a link to that at the show we featured a piece called wavy shoes which responded to a preliminary injunction issued against us when we used a wrapped shoe as a medium for our critique of both sneaker culture and the main shoe manufacturer Vans well fully respecting the injunction wavy shoes extends our critique of sneaker Culture by placing this piece of uh this piece at an art show we also demonstrated how corporations use the lanthemat to confined speech to approved spaces such as white walled galleries by drawing on existing symbols and ideas sneakers critique society and communicate their own ideas we appreciate how the land the Mac protects the source identification for goods and services but iconic symbols represent culture and are necessary shorthand for commentating on society so let's begin mischief the footnote is on their case against Vans we're gonna pull this one too the matter is currently before the second circuit and as judge Dennis Jacobs accurately stated an oral argument the peace critiqued the objectification of the Holy consumer product of sneakers to be a collectible and that this um and that that is absurd and a sign of cultural crisis so then they've listed the oral argument which we could probably hear our repeal is currently held in advance Mischief did the Satan she is I'm surprised they didn't bring it up um but that's how I came across Mischief was the the Satan shoes with Nike and Nike sued to get them to stop selling this the Satan sneakers because they were so annoyed that everybody on Twitter was flaming Nike for you know Satan sneakers they were Nike was big mad because their iconic swoop was incorporated in the sneaker that was the shoe that they took and added um added symbols and and different artwork too so Nike big mad big mad about it uh but that lawsuit went away pretty quickly the shoes were all sold the lawsuit stopped and that was the end I loved it though all right call for entry show title where to draw the line dear Chief Justice associate justices and law clerks at the Supreme Court we invite you to submit artworks to where to draw the line a group exhibition planned to open in the fall of 2023 curated my business Jeff Mischief the Leonards want an invitation submission requirements the show will be composed of 45 works on paper each taking the form of a connect the dots drawing a classic childhood puzzle drawing format enclosed in this brief are 45 pages I grabbed those out of the brief and I will email them to you for personal use um enclosed in this brief for 45 pages each specifically addressed to one of the people reading this brief Emily D Baker is also reading this brief hello Mischief each page has on its front face a connect the dots drawing waiting for an artist's hand to make them into completed artworks on the reversed It's a pre-addressed prepaid mailing label allowing the completed drawing to be returned to Mischief for Exhibition at no cost to the artist finding complete in your own hand The Prompt addressed to you they gave the Supreme Court an art project they gave the Supreme Court and art project the way that I [ __ ] love this so much to make the point I love it so much I actually love it so much find and complete your own remove the completed drawing don't forget to sign your work from this brief and fold the drawing into thirds with the mailing label facing outwards close with a bit of tape and send a mischief curational statement these connect the doc word these connect the dot Works follow in an established tradition of uncreative art that stretches from I'm not going to pronounce any of these things properly I didn't study art my mother would be appalled um there to warhol's paint the number works such artworks historically have been deliberate Recreations or deliberate reactions against are against or critiques of the art World conventions around craft ego and formalism in this combination of action artist and uh dissension that determines exactly what those artworks are not merely the nature of the manual execution each of you by virtue of completing one of these drawings is the executor of the artwork that makes use of cultural iconography each of you by virtue of your position may decide the fate of artistic expression ability to freely choose its subject matter each of these drawings will be displayed as part of a gallery show will they be rendered illegal prior to that exhibition it's just so [ __ ] smart if the Supreme Court rules in favor of Jack Daniels all the artworks here might also be rendered um illegal or rendered infringing terms the 45 artwork solicited by this call for entry shall be provided to Mischief on a consignment basis All rights and ownership are retained by the artist the artist grants permission for the sale of the artwork at the price listed in the call taxes and fees excuse me other responsibility of the purchasers unsold Works will be returned to the artist prior to the closing of the show for those of you in the chat asking how do you get the connect the dots lonard alert.com so these are the artworks that I pulled um and sent to all of you via email um Heather gobble if you want to email it to me my public email the at semaphore Brands is the perfect one to send it to I'm also going to put up a community post so we can post the pictures of them in the community so this is to John Roberts Arm and Hammer and sickle 2023 pen on paper connect the dots Arm and Hammer and sickle because these are now getting into iconic trademarked brands and um yeah I want to see the connect the dots yes the connect the dots are very small yes it is a problem yes this is a filed supreme court brief and I find them hard to see though I think you can parse them um this probably spells Arm and Hammer and sickle around the outside and then this is how to mail it back we're gonna go through each one of these and if you want them again laundered alert.com um Samir Doshi bathroom break 2023 I don't know what that one looks like the BYU cougar [ __ ] kills me go cougars 2023.

[01:09:41]see because you can tell by the fingernails it's gonna be a play on a cougar but it's the BYU cougar gosh I love it so much um this is Rush delivery 2023 I imagine that's at FedEx you can tell by the arrow uh and the car crash so FedEx let's see Jack in the Dropbox uh 2023 I love seeing how many of you did these it's so great um let's see this is no orange uh addressed to Clarence Thomas I imagine that's a like a mind-blown kind of an emoji let's see the Chicago Bulls sports drink I wonder what it says underneath I don't know but there are the dots I'm gonna try to do these as well um but that is clearly the logo of the Chicago Bulls I don't know what it says down below this is uh last place some kind of a sneaker this is Oscar the couch I don't I don't know this might be my favorite the BDS Eminem it says Red Bull thank you it says Red Bull that makes perfect sense of course it says Red Bull of course it does um here's the thing Syracuse orangeman is the BYU logo I wonder if who was the Syracuse Orange been addressed to uh was it Clarence Thomas I wonder if Clarence Thomas went to Syracuse I don't know these things um I I wonder I wonder if oh the S makes sense all right um so Chicago Red Bull see it's a mashup the BDS Eminem I think happened before the M Ms Scandal but I'm here for it I think it's hilarious they assigned Shapiro to the BDS Eminem yep they did they sure did okay um this is to Samuel Alito Back in Black I don't I think it says Alito instead of AC DC I'm imagining that that's that that's what it says um because I can see the T and the o on the outside there so I imagine it says Alito in the AC DC logo um taco hell with the iconic Taco Bell Bell God that's gonna no no I'm too suggestible I'm like God tacos do sound good um um what are you doing in my swamp what are you doing in my swamp with is a mashup between um well Mickey Mouse and Shrek yep all right Kellogg's this is part of an unbalanced breakfast with the fruit loop toucan I don't know what it says in front of Kellogg's I don't know if it's a k or not um but there we go the toucan this is no one out pizzas the butt so I imagine there is a Pizza Hut butt I'm here for it let's see this one is yes we can of soda mayor no idea what the yes we can Sotomayor is going to be but I imagine it is um I wonder if it's Coca-Cola inspired I know some of you have done these this is why I'm putting up a community post for them Harry Potter and the Prisoner of corporate America is sent to Paulina Arnold so there's that we have the body Shelley instead of a Botticelli in the shell I don't know what corporate logo it'll have but I imagine it would it be Shell gas it seems like it would be um the New Yorker with Mr Peanut I love new dork oh no that is the New Yorker and uh that's gonna say the new dorker I don't know what this says below it but here we go um section 230.

[01:14:31]2023 with the Monopoly man wow well that's a societal commentary isn't it I'm here for all of this I'm here for all of it I'm here for all of it I guess that's how they're feeling about section 230 in the internet um with the uh with the guillotine and the Monopoly man I mean is there a better iconography for like corporate greed than the Monopoly man I kind of like it I kind of like it um Jennifer Smith and the chat said I'm confused what are these these are a supreme court art project what is section 230 oh y'all section 230 um we're going to be talking about again oh yeah it's definitely a guillotine we're going to be talking about section 230 again soon in um in Google versus Gonzalez Gonzalez Gonzalez versus Google section 230 is the section that protects the internet providers Twitter Youtube and others from being sued so it allows them I have other content covering section 230 but it is the section that allows or originally allowed you know a list serve to be hosted without the host of the list or being sued for what was said on it so you can't sue Twitter for the things people say on Twitter there are two very large cases about section 230 before The Supreme Court right now so that's a brief summary it is the it allows social media platforms to not be sued for the behavior they take or don't take this one might be one of my favorites the Supreme Court of the United States this is going to Justice Kagan um but using the supreme logo I'm here for it um Jessica said this is a supreme court art project ever thought you would say the words Emily know what I'm living for it no one I'm living for it um if you email us at law nerdalert I have taken all of the I've taken all of the connect the dots and put them together into a PDF for y'all if you want them for fun for personal use all right um this is America runs on drunken and I think it says drunken rodents I would imagine based on the little logo um I kind of love this take on it it's hilarious so Emily you need to send these to Hogue I will absolutely send these to Hogue if Hogue wants them Bad Apple um which looks like the The Hungry Caterpillar worm to be let's see this is stolen valor I don't know what it I don't know what this one will say but we will see as it gets done um Sharpie 2023 I imagine that is going to be what on the blade of a knife yes um looks like it this is Bass Pro Shops wait that says Bass Pro Shops that's Bass Pro Shops um with this speaker these are hilarious oh dear um spear fishing 2023 is it is it chicken though but is it chicken though it's a chicken is it a chicken or is it tuna but is it chicken I don't know uh this one is titled Goes Down Smooth I don't know which oil logo that's going to be I can't quite tell but in the Pepsi can and then um Hello Kitty is not a cat hahaha Abercrombie and Stitch and you can see the Disney character Stitch there with the iconic Abercrombie font and I imagine the Stitch logo down below um I'm a sick Mario I'm a Mario I don't know this is speak properly 2023 um Duplo with the Duplo owl with legs Duplo being a type of Lego and now a word from our sponsors there's a lot of these how to hold a toddler I'm I I don't know if I want to know um Disney needs ice what else um mcmass oh gosh oh is it the Duolingo owl not the Duplo owl thank you it is the toolingo out my brain my brain conflated the two thank you because my brain because my brain conflated the two do a leap of X duolingual thank you you guys are see this is why we need the chat this is why I live stream y'all are smarter than me um the Church of McDonald's for Amy Coney Barrett is just um chicken tuna is Jessica Simpson but it's a chicken is also this last trial so I like that they actually um we broke broke the webpage did we break did we break the web page again we might have give it a minute it will work if we broke the website I will go check on it afterwards um oh no which it looks like the uh the uh Hawaiian Punch uh mascot is leaking punch Ralph Lauren is winner winner chicken dinner it this one actually is a chicken [Laughter] this one actually is a chicken um there's a 503 traffic error okay we will fix the 503 traffic error do not do not fear the Kool-Aid Man yeah oh what did I say I'm gonna just stop saying them wrong revenge of the chickens yes the Kool-Aid Man did I say I said Hawaiian punched didn't I I did I did not the Kool-Aid Man um anyway winner winner chicken dinner cow men instead of cowboys oh I can see how that's gonna go yep cow man um dumb Express I wonder what they changed the face to it looks like there might be drool involved for the American Express logo oh not the Jack Daniels not the Jack Daniels whiskey the poo why didn't they make it honey flavored why isn't it Jack honey mischief I realize it's easier I realize it's easier but um it's a big tongue not drool well that's good to know oh my comments won't pull up there we go I think they needed the Honey whiskey but we get the point um DC public defender's office backwards which is very difficult to read but the D.C public defender's office this is return to tradition dead bird um I like the that you can see the spot on the glass is it another chicken I don't know I know the backwards is the point it's just hard for my dyslexic brain to read heads up um now with cocaine there we go let's see all right back back to the argument back to the argument back to the argument after we have seen so many riffs on trademarks in the connect the dots art look I'm I'm here for it it you guys said I think it's the Twitter bird oh that probably makes sense that it's the that it's the Twitter bird that probably does make sense that it's the Twitter bird um again I have not done the connect the dots yet but that makes sense that makes sense so in this the Twitter bird makes the uh makes a lot of sense this is probably Coca-Cola right um so all of these connect the dots are to make the point Lucy said they don't want their whiskey associated with any poo and there is poo all over that yes I think it's clever in a lot of different ways wait where did Winnie the Pooh and Jack Daniels go how far back were Winnie the Pooh and Jack Daniels yeah Jack Daniels we just read the excerpt that Jack Daniels does not want to be um the wait the Alito one says NATO oh dark freeze that makes sense dark fire zero said the Alito one says NATO look man the the Art Collective is coming for the Supreme Court and for this case but taking on the um taking on the different takes on traditional trademarks and these are showing all the different traditional trademarks so again for those of you that want the me I have pulled these out and put them together and with pulling them out and putting them together they are um available on lawnertalert.com if you sign up for our email list I will send it to you summary of argument freedom of expression does not exist if it freedom of expression does not exist if it quote could be exercised only in an area that a benevolent government has provided as a safe haven for crackpots we do not confine the permissible exercise of the First Amendment rights to a telephone booth or the four corners of a pamphlet this is Tinker versus Des Moines freedom of expression and what is and is not speech are huge arguments um Leonard alert is down y'all a lot of you want to go sign up it'll be back we we keep having that problem um we have the direct link as well which might help on that but that happened um that happened the last time we sent y'all to sign up we have been working with our web provider and we've said look um we need we need extra bandwidth so we are working on we are working on it let me see um all right let's keep going um we communicate using symbols found around us by taking what you found and adding your own expression you just participated in one of the most cherished Traditions freedom of speech this is a tradition of evaluating what came before and interjecting your own thoughts into the conversation by its nature of freedom of speech is appropriative because it draws on existing cultural resources in a democratic culture people are free to appropriate elements of culture that lay to hand criticize them build upon them and create something new this is coming from democratic culture a theory of freedom of expression and Information Society under long-standing First Amendment precedent you also control how you share your expression you could now sell your expression on tote bags at the Supreme Court gift shop you could assemble the 12 best pieces and sell them as a calendar or you could take all 45 artworks add a few more and sell them on playing cards of course you may also offer your work to the gallery the choice is yours this exchange of expression is a two-way street trademark holders routinely take from art and culture and add their message to imbue their marks with meaning meanwhile artistic and political speech use the culture Renaissance of trademarks for their own expression Jack Daniels and its amakee seek to suppress this free flow of ideas their proposal suggests speech should be limited to clear speech or to the safe haven of pre-approved mediums enforced through content-based regulations this court should reject their effort instead of contradicting centuries of precedent we asked this court to honor established first amendment principles the appropriate the appropriative test is to ask what is sold if it is speech then the use of a trademark in is non-commercial and permissible here VIP sells a joke the parity comments on how dog owners like to humanize their animals and the role of alcohol branding in society like your own artwork this expression is clearly protected speech under the First Amendment so the positioning of mischief and its lawyers is that the parity toy the Riff on the Jack Daniels alcohol bottle is a a broader comment on society saying people like to humanize their dogs people were taking a a stab at alcohol culture and the way that alcohol culture is prevalent and that is a joke and if you don't get the joke that's too bad we have multiple parody um multiple parody cases coming up before The Supreme Court including the parity Facebook group poking fun at the police I don't remember which police agency it was so there are multiple parity and First Amendment cases coming up first amendment cases can be difficult sometimes to talk about because a lot of the times they come up in the context of speech that a lot of people find to be um unpopular or challenging or sometimes even abhorrent this is an easier context to talk on the internet at least about Free Speech protection of speech ideas and jokes because we're talking about trademark parity and so it's a really interesting vehicle to discuss the First Amendment brief and discuss the First Amendment and what is being protected because you're not really dealing with abhorrent speech um I don't think most of you in the chat would find the Jack Daniels trademark abhorrent um Leonard's I love that you crashed our website again we'll get it up for you today don't worry don't worry we will fix it you might just have to try again in a minute um which is why I wanted to cover this which is why I wanted to cover this um more because first of all we have the artwork that pokes fun at the whole thing we have the cleverness of the argument and the conversation but we also have a very valid conversation for now when when do we talk about Free Speech often it's with important speeches I just said so being able to talk about free speech and being able to talk about the protections of speed Free Speech even when it's speech you don't like is interesting in the context of trademark for me because at some point how do companies protect their reputation and are we back with the internet in the wild west of anything goes until we figure it out um the arguments the free exchange of expression is essential to a free Society I have a lot of thoughts on this one that we're not going to get into today because we don't have time about whether social media is allowing for free exchange of of expression and I would just pause it that there are larger questions about whether social media actually allows um for free exchange of expression even though I find a lot of what happens on social media to personally be abhorrent um and I don't personally like it whether or not there are free exchanges of in um speech happening on social media is is a big thing um so and that's not just speech that we like this is this is a Battleground um this is a Battleground for free speech and there's there's a it's a more nuanced conversation I just want to talk about it in this context today but it is a concern it is a more nuanced conversation and it is a balance between what is Free Speech what is protected speech what platforms have to do and what like in our in our space we have rules in our chat for no name calling and what have you I'm as a Creator I can enforce the rules I want to create and enforce the rules I want to enforce in our space as a Creator where are companies beholden to enforce the rules they want to enforce where is that overstepping on free speech and then where is the government informing those rules when you have government entities reaching out to social media platforms saying we need to suppress these stories that is a much different thing Than You Know YouTube saying our advertisers don't like these particular words and where is the where is the boundaries of that and these are conversations we have to keep having and we have to talk about when the government is impeding on speech and where those areas of expression still lie advertisements appropriate art by using meaningful iconography companies imbue meaning into their logos once companies add meaning to their logos the logos become useful tools for commentary and critique this is you know Campbell's Soup art is it art is it not and this is the same session of the Supreme Court that we're going to be looking at transformative works in the context of the photo of Prince being transformed into a painting so the Supreme Court is dealing with um with the parity Facebook account with what's transformative work under copyright with regard to the prince photograph and the painting and dealing with Jack Daniels bad spaniels so we have three different contexts that we are now dealing with um speech expression trademark copyright what is allowed what is not allowed and where is it and I appreciate that Mischief started out with our speech should not only be protected by a benevolent government do any of us uh I'm gonna stop uh our constitution grants us rights that are our rights are inalienable rights so relying on the government to allow us permission to use our rights becomes an entirely different thing so I appreciate the way that they have attacked this case I think it's very clever and I understand the arguments on both sides of it because I understand copyright holders and trademark holders saying what the [ __ ] can we do we have the right to protect our company and our brand reputation that we've built there's value in brand reputation and now we've got like just corporate culture and consumerism and capitalism and freedom of expression all bumping up against each other and what I find and I hope you find to be a very interesting Supreme Court case so hopefully you find it interesting and I am not just ranting to myself it seems like there are still like almost 11 000 of you here so I know that I'm not just ranting by myself I think it's a very interesting um a very interesting conversation uh Justina said I'm sad the website's down me too I thought we had fixed it during the trial we had been promised that they were going to load balance our website so I'm my level of frustration I can't even express because otherwise I will never finish talking about this today so um I saw Tracy sires in the chat say lots of people have tattoos of characters tattoos aren't necessarily safe tattoos aren't necessarily safe there is a tattoo case there's a couple tattoo cases but tattoos aren't necessarily safe depending on what they're recreating tattoos have not always been ruled to be transformative works of art most people don't go after them but tattoos aren't necessarily safe the two Cowboys on the page look similar for good reason which cowboy um these two Cowboys successful trademarks appropriate cultural iconography both Cowboys project individualism and a brand of confident masculinity they differ however in an important way the first Cowboy is actor Montgomery Clift in the 1948 film Red River selling an artistic vision of the old west the second Cowboy is one of the original Marlboro men featured in 1955 in the united in a 1955 advertisement he sells cigarettes so they're saying vibes vibes companies create iconic trademarks by borrowing from culture and adding their sales pitch for several decades Marlboro cigarettes sold poorly because men were not attracted to the product due to its packaging and feminine Aura and relatively few women smoked um John G Breyer Cowboys Europe and smoke Marlboro in the saddle I can't pronounce that well at all um so Lee Burnett introduced the Marlboro Man Lee Burnett wanted to communicate masculine confidence and its research demonstrated that the American Cowboy was the most effective messenger new from Philip Morris by the mid 20th century the American Cowboy symbolized a rugged individualism and Manliness this is we're everywhere we're everywhere we're just everywhere today Corey I agree um but the image of a stock Cowboy is as much a fiction in America as Uncle Sam the cowboy America's contribution to the world's mythology in their Heyday the reputation of cowboys was mixed at best contemporaries describe Cowboys as people living remotely from the restraints of a moral life oh and who loiter sometimes for months and share the bottom dalliances of Fallen women hey I feel attacked leave the Fallen women alone sorry it's from 1952.

[01:38:21]American art so effectively transformed the image of the American Cowboy that the Marlboro Man advertising campaign worked for Marlboro everywhere except Argentina huh in Argentina American art never transformed the Gaucho into a mythical icon instead the Gaucho continued to about embody quote poor dirty statuless Drifters at the bottom of the work ladder without art providing a ready-made symbol for Marlboro to appropriate Nana marbo's massive marketing budget or Goodwill could spur sales that's a very interesting argument the cultural iconography around the American Cowboy is why the company then chose to use that as their symbol borrowing from art to develop trademarks is common because advertisements must leverage meaningful symbols and icons to acquire value um they're talking about the Masterpiece Untitled I shot therefore I am which uses a red box with white text in for Futura bold oblique font to express her criticism of consumer culture I shop therefore I am in 1994 Supremes CEO wanted a symbol for his fast fashion store so he gave their designer a book of Kruger's work to develop a logo the supreme logo and Barbara Kruger history the result I'm going to read I'm going to go down such a rabbit hole on this I Can Can You Feel The Rabbit Hole Can You Feel The Rabbit Hole Can You Feel The Wrap I feel the rabbit hole coming I love how clever this Amicus is this is why I enjoy Supreme Court cases because you learn so much I don't always enjoy every Supreme Court case but I love this is this is the part of law school I really enjoyed was the like where do you end run this and when you take this thought and run it out to the end like where do we end up with trademarks and property and protection and ownership and what does that even mean in a digital world it's I just I feel it I love it I'm here for it Supreme CEO wanted assemble for his fast Fashion Store he gave their designer a book of Kruger's work the result inverts the artist's message while borrowing her aesthetic to lend an air of pop art to Supreme's fashion offerings and suggests it is a rebellious brand quote outside fashion the appropriation worked and now Supreme is a worldwide clothing and Skateboarding company as we know the plight of pop art or Cowboys is not unique Starbucks borrowed its name from the first mate Mr Starbuck of the noble of the novel Moby Dick and the mermaid on the cup it's a siren and the mermaid on the coffee cup is uh melocene a mythical siren of medieval Europe right it's a siren Mermaid siren princess how the Starbucks logo evolved there's there's articles on all of these the amount of things I need to read as Starbucks admits on its website its use of this medieval symbol evokes the seafaring tradition of the early Coffee Traders with its icon status the logo carries considerable expressive value for instance it can be used to critique Starbucks own labor practices as seen here as seen EG um cultural expressions and iconography also bestow meaning an expression on trademarks and companies appropriate these symbols in the name of developing Goodwill for example Quaker Oats adopted a man in traditional 17th century Quaker Garb because the association with Quakers symbolizes good quality and honest value Coca-Cola's advertising appropriates Santa Claus it does what Coca-Cola this is this is this is a better look I never took marketing I focused I focused my undergrad studies on going to law school I am fascinated by all of this thank you for taking the dive with me I just am loving it Coca-Cola's advertising appropriate Santa Claus and claims they established the modern version of the Jolly elf um quote they did not David Mickelson did Santa Claus did Coca-Cola invent the modern image of Santa from Snopes in the Supreme Court brief um Anheuser-Busch borrows the American flag and other patriotic iconography to suggest that your fourth of July picnic is incomplete without a Budweiser beer similarly Nabisco appropriates patriotic iconography suggesting eating Oreo cookies supports your country and Team USA at the Olympics Oreos are delicious though as recently oh God the boots how are the boots here [ __ ] boots are everywhere we recently experienced this phenomenon ourselves as a fun comment on cartoons and our increasingly abstract world we released big red boots see Jacob Gallagher Mischief big red boots corporations jumped at the opportunity to use our art to suggest they and their products are similarly fun Babel cheese been there done that someone else can have the other boot I only need one slim gems Pepsi Blue is really more of our color with the boots wait there's peeps flavored Pepsi um thanks I'll take it said ax um we got you on the matching socks AFC oh my God even the most notorious trademark registered of 2022 joined in the fun um Ohio State Facebook okay all advertising leverages iconic imagery and symbols to send a message to potential customers the setting the music the clothing the people in the advertisement are all bar all borrow from our cultural stereo or cultural archetypes to express something about the company or product that expression becomes part of the meaning of the trademark and that meaning is valuable for expression unrelated to the sale of good the sale of goods um both political and artistic speech appropriate trademarks NASCAR's rise collateral with the growth of incomes for the working class white men in the Southeast and NASCAR adopt symbols of Southern Culture into their race car names and Customs to cement the relationship with the demographic and then they talk about NASCAR the phrase let's go Brandon quickly because I didn't know we were going to get so political so fast Emily start pre-reading your stuff all right y'all just just hang through the argument the phrase let's go Brandon quickly became a euphemism for expressing dissatisfaction with President Biden to express this sentiment and underscore their own connection to NASCAR dads the Republican Party sells speech in the form of a portion of the NASCAR logo with the phrase let's go Brandon interesting argument to the Supreme Court Public Health departments have also used corporate trademarks such as the bar I like that they're bringing in the way that politicians do the same thing I I really do um I really do appreciate the way that they're bringing in look it's not just artists it's not just advertisers it's not just companies it's political parties it's public health organizations I really appreciate um how broadly they are pointing out all of the different uses of trademark Public Health departments have also used corporate trademarks such as the marble Iran and then added their own commentary about health and safety I miss my lung Bob political campaigns incorporate corporate trade dress too on January 1st First 2000 a forgettable insurance company named American Family Life um American Family Life Assurance company ran a commercial with a duck the Aflac duck taught millions of Americans about insurance and Affleck sales doubled 16 years later that's oh American Family Life Assurance company that is Aflac okay fair enough um how it how I did it aflac's CEO explains how he fell for the duck as long as it's not Howard the Duck 16 years later a young politician in Hamilton County Ohio named at um wait I am not going to be able to pronounce a fabbed peruvial also needed to overcome a different name he appropriated the Aflac duck and placed a modified version of the duck in his commercials to help voters remember him watch atfab oh AB weight aftab I think and I don't mean to pronounce it wrong um thank you thank you Warren for helping us out while we are live um I think that's very very clever like NASCAR marble man and the Aflac duck Jack Daniels Sparks discussion Jack Daniels sometimes Embraces its role as inspiration for expression even um tilting the whole podcast episode around itself country music's greatest Muse um around the barrel with Jack Daniels country music's greatest Muse but these songs are not all complementary James prin used Jack Daniels to symbolize sin in the night the night Jack Daniels met John 3 16. what Chase Rice Associates Jack Daniels with the devil and Jack Daniels and Jesus when Kesha sings In Her song Tick Tock that she brushed her teeth with a bottle of Jack we all we know her Knight will not involve drinking responsibly oh my God this is so good I [ __ ] love this so much songs that associate Jack Daniels with sin the devil or irresponsible drinking diverged from Jack Daniel's corporate message the solution to this Divergence is not censorship through litigation the solution is more speech I like this I like this Amicus brief so much I like that we've gotten from political speech the marble ran to Kesha look y'all that's the connect that's the real connect the dots artwork of this brief is that we have gotten from political speech and NASCAR to Kesha that is the beauty of this brief it just is um the proper response to critical speech is more speech trademark holders possess the right to respond to criticism and commentary after all a free flow of ideas from heart of the First Amendment or sorry the after all a free flow of ideas forms the heart of the First Amendment Hustler magazine versus Falwell for example in contrast to the unflattering critique of musicians Jack Daniels promotes itself as a drink crafted by wholesome authentic people while discussing his legendary postcards from Lynchburg campaign ad Man Ted Simmons explained Jack Daniel's country is a magical mythical place that beckons American men I've actually been to Lynchburg Tennessee around the barrel with Jack Daniels it's a dry it's dry look things you don't know when you go to Lynchburg um but it's drivable the to burnish the image of the distiller Jack Daniel a copywriter was told to imagine an old southern lawyer like Atticus Finch and To Kill a Mockingbird well Lynchburg Tennessee should have a Wizard of Oz Emerald City quality Jack Daniel's appropriation of Art and cultural symbols rebuts the negative associations created by other speakers Jack Daniels is not alone in appropriating art to shape conversation around consumer products the French artist Christopher um gint recycles old Nike shoes by modifying the shoes with natural materials as again explained I like to play with the opposition and use symbols giving them a natural and ethical twist um as if to say that nature will always triumph over man and his consumption patterns the next year Nike took the artist's symbolic concept and released overgrown a Nike shoe centered around the overgrown Planet theme using the same symbols Nike shoe counters suggesting that Nike is environmentally friendly both the artist in Nike appropriated the symbolism of natural materials and the Nike Swoosh to create opposing messages about consumerism far from needing a monopoly on trademark infused expression the world's largest companies have ample opportunity to draw on cultural iconography and participate in the marketplace of ideas there is no reason to limit free exchange of expression and protect those who already wield the largest megaphones the sale of expression enjoys full first amendment protection the difference between a cowboy selling a mythical version of the West in a cowboy selling cigarettes is the difference between a non-commercial speech and Commercial speech trademarks like the American Cowboy can embody both non-commercial and Commercial speech so we're going to get a lesson on trademarks that we're not going to go all the way through we distinguish between those two embodiments of the cowboy and how embodiment is used and if you all want me to make this one available too I will link this as well and add that link into Friday's Roundup y'all let me know because we're not gonna have time to go through the rest of all of it but we will we will zoom zoom if you guys want this entire brief two because it has so many references to things that I also want to read let me know and I will link the brief as well in Fridays in Friday's um email so I will add it there the test for non-commercial speech what is being sold dog collars and ice cream Scoops are quintessential utilitarian Goods if however a political party puts their own expression on these objects the objects are non-commercial speech subject to the full protection of the First Amendment protected speech intertwined with commercial non-commercial speech is that a Joe Biden ice cream scoop yeah that's a Joe Biden ice cream principal that there is a difference between selling speech and selling goods and services matches this Court's guidance in Fox that whether or not the speech at issue does more than propose a commercial transaction the test of identifying commercial speech this is a great argument with regard to commercial speech um and what is actually being sold protecting the sale of speech even when attached to Goods complies with the first amended Amendment precedent the protected speech inextricably intertwined with the commercial good as non-commercial speech indeed placing expression on a utilitarian good May heighten the expression such as with this fly swatter sold by the Democratic party referencing an incident at a political debate truth overflies by adopting the distinction between commercial non-commercial uses of trademark this court also respects the distinction between parity and non-commercial speech parody does not always sell speech often it sells other goods and services for example just candy LLC oh my God The Way We Loved These as kids uses parody to sell candy cigarettes because the expression serves and it as an advertisement to sell candy this is commercial speech though just candy May leverage other fair use defenses such as parody this is a very fair point message Trump's medium the First Amendment purposes for First Amendment purposes the difference between a movie and a commercial is not the medium the difference is the message it's a very good argument similarly the difference between non-commercial speech and Commercial speech is the message not the medium Jack Daniels and their Amicus suggest otherwise um suggestion otherwise contradicts both this Court's precedent and how Americans express themselves Jack Daniels proposes unconstitutional content-based regulation um and then they're getting into the form of the speech political and artistic expression Have Always Been Everywhere aside from being unconstitutional the suggestion that commercial products are not useful for political and artistic expression is a histratical a historical my brain added a lot of extra letters to that shirt buttons supported George Washington's inauguration mugs commemorated Thomas Jefferson's inaugurations spoons supported William Harry Harrison's campaign in early America political expression appeared on a variety of consumer goods as politicians sought to instill a high level of political activism and engagement they're not wrong we sell mugs too at lonner Trump this practice constitutes or this practice continues to the modern day as shown throughout this brief political parties sell all manner of utilitarian objects loaded with political expression I love this so much like political expression artistic expression takes advantage of the opportunity to heighten statements by placing art in different mediums I'm actually very interested to see what the um Supreme Court is going to do let's see similarly the widely respected contemporary artist Tom Sachs if I pronounce that wrong I apologize to all of the art aficionados in the chat I don't know um could sell books of his art instead he sells collections of his art printed on playing cards um prohibiting all but the pre-approved speech that appears on playing cards tote bags cups spoons mugs beverage coolers fly swatters ice cream Scoops dog collars and the Supreme Court calendars to be is an unconstitutional content-based restriction that contradicts Traditions as old as our country there is no need or basis for adoption of this rule and then they go back through testing the rule this is just so great um let's see the likelihood of confusion test is unpredictable the likelihood of confusion tests it is unpredictable it depends it's just like when people when you see people arguing oh but it's fair use how a judge defines fair use is also unpredictable fair use is a defense you can still get sued and spend a lot of money fighting a fair use argument to a judge who might not see it how you do the likelihood of confusion test is the same way it's going to highly depend on the judge the likelihood of confusion test suppresses speech by providing no predictability regarding when constitutional rights begin and end rendering it over broad for example we conducted a survey at the art studio about Jack Daniels whiskey simple pull Jack Daniel's whiskey tastes like dog poop the nectar of the Gods and then they listed who voted content ninja content ninja and Gustavo think that Jack Daniel's whiskey tastes like dog poop um Jack are you drinking or a straight up or in a cocktail because Jack thinks it tastes like the nectar of the Gods is this within somebody's slack chat what is happening our colleagues who expressed an opinion that Jack Daniels tastes like anything but nectar of the gods are of course wrong but this is America and they may Express their opinion under the likelihood of confusion test however it is unclear how far they could go to share that opinion could they print their opinion on a pamphlet what if they they're what if the opinion is printed on clothing could they use Jack Daniels filigree to surround their opinion stated on a t-shirt what if they print that expression on a t-shirt using Jack Daniel's stylized font could they print the expression on a black T-shirt using Jack Daniel's stylized font and a replica of a Jack Daniels bottle does it depend on where you live the test itself is also a mess with different circuits weighing different factors that's why they're taking it up the Supreme Court uh differently as bad as that may be perhaps the bigger issue is that a small minority 10 to 15 percent of consumers dictate the limits of free speech um footnote 20. 10 to 15 is generally accepted standard 10 percent supports a finding of likelihood of confusion and 17 is clear evidence and those are on the cases um further undermining Jack Daniel's proposal is that it bans speech when survey respondents failed to understand the intricacies of trademark law this is not an area of law widely understood by the public for example when the Ohio State University registered a trademark for the word the it prompted numerous explanatory articles clarifying that Ohio State's trademark rights in the are limited yes I am still the Emily D Baker unfortunately failure to understand limits of trademark and Licensing rights has led directly to censorship and then they talk about that um let us continue I want to get to their to their um to their conclusion statement the likelihood of confusion tests burdened speakers by forcing them not only to Endeavor to speak so clearly that not even one in 10 consumers thinks the message is approved by someone else but they must also make sure there is no confusion about their message anywhere on the internet are you coming to bed I can't this is important what someone is wrong on the internet oh my God it makes such a good point it makes such a good point it makes such a good point um so then they're talking about the likelihood of confusion tests um that VIP engaged in non-commercial speech conclusion for the reason stated here in this court should affirm the decision of the lower courts and clarify that non-commercial use of trademarks are fully protected by the First Amendment William D Patterson of Swanson Martin and Bell John F bellicaster or belcaster of Mischief studio um yeah well done we appreciate you it's a easy to understand Amicus it is very interesting arguments with great examples who doesn't like a supreme court brief with pictures and an art project in it not to mention it's not just ridiculous it makes the point well the same way that the onion did it makes the point well it makes the point well it's hey Mischief We Salute You Thank You For Fighting For Free Speech it makes the point well so snaps snaps to Mischief we appreciate you I'm going to get to some questions it's a really well done brief I will include a link to the brief so that you can grab it if you want to grab it Supreme Court briefs are public you can grab them off of the internet I will just send it out in the link so it's easy to grab and so that you know that you're grabbing it from somewhere that you're not going to get computer viruses or what have you um but if you're worried about that we also had a nordvpn spot on the podcast this week you can go grab a discount code there but I will send it in the email so you don't have to go find it but well done it's a Well Done brief I'm gonna pull the other amicus briefs and cover this a little bit more parody and Free Speech are one of the areas of Supreme Court expression that in section 230 that I'm most interested in I don't cover everything the Supreme Court does and I won't but when we're talking about pop culture and culture art expression speech are such an interesting part of culture and how it's being protected what it even means and since we engage on the internet and I talk so much about not just culture broader culture Bravo culture but also internet culture culture here on YouTube what is and is not copyright what is and is not protected and at what point are are you going to even be able to write a song or to have a a conversation without it being you know stepping on somebody else or not I don't know but I think they're important and big conversations to have and one of the important most important conversations to have is about speech and I think that that's a very important thing so with all of that um I appreciate it Ashley Marshall I've learned 100 I've learned more in this live stream that I have in three months I've been in a digital marketing e-commerce program well get the link when I send it and just grab all the books that they talk about in the history of these Brands it was a fantastically done Amicus I have nothing but tremendous regard for it I love the cleverness look I'm just a commentator I like what I do a lot but I being able to break down how others look at culture and bring that conversation to light is something that is so interesting to me that I am not a um that I am not that is just not my realm and so I'm so fascinated by it I love the conversation even around oh an ATM where people put in their ATM card and it's a commentary on wealth and status and flaunting while such interesting conversations that I love um not just getting to shine a light on but having a conversation about and and looking at the thinkers around us that are are really questioning how do we still poke fun at society and in a time where comedy I think has been mostly canceled for the things that comedians say watching artists rise to say no we're still going to poke at culture we're still going to poke at wealth and consumerism and and ethics and corporations I think it's fair parody is is a poke and that's a really interesting part of speech and again consumers will choose what they want um to engage with or not but we need to protect it so consumers can make the choice my thought just the way I protect this community I protect this community so that people can make a choice to either be a part of it or not um and I protect this space because those are my boundaries but that doesn't stop people from from not liking it Emily did you take any art history no none no art history nope um I took philosophy classes I took a lot of political science and statistics classes a lot of Law and Society classes um but no no art history I nope nope I took sign language as my language in college no art history so with that we're going to get to some questions and then I'm going to have to scoot we've got a lot of super chats I want to try to get to those and our questions um so with all of it with all of it with all of it thank you for being here and thank you for being honored let's get to some questions [Music] I I really love seeing how other people think and I think that's one of the things I love the most about this particular Amicus brief is you get to see the thought process of of mischief and how they're breaking down the thought process behind trademark protection I love it so much it's why I love long-form content and conversations and and kind of the rise of who are our modern day thinkers what are they thinking about what problems are they trying to tackle and how are those problems getting tackled as we go forward um so uh let's see question Emily is it autopilot hero against someone but not file charges no if uh Raquel has physical injuries why not file charges we talked about that a little bit earlier with regard to it being in New York so no it's not um Lauren said Sheena didn't punch Raquel I think the RO is ridiculous fair I wasn't there so I don't know um octo sent the connect the dots to everyone we will send more connect the dots once the website is back up don't forget to go to law nerd alert the way I'm gonna have to get on a call I know Octodad but I'm also gonna need to get on a call with our host and see if if they cannot if if every time we get a little bit of traffic our site crashes we're gonna just have to find new hosting um Rosalinda thank you thank you for you and the law tubers for inspiration started my Channel with pondered videos yay one got sent to Chewie and they hired her that's incredible um if you need a silly dog fix video check it out thank you Rosalind Duke I love that so much Pawn nerds are such great fun uh Tracy said I haven't watched VPR since right after Saucy and Jax broke up because he and Kristen hooked up and she had a meltdown it was I was actually 48 at the time it sounds like this is just continuing to cycle can you talk about Tiger Woods and his ex I have I maybe it's on the list I know Rob over at lawn Lumber is talking about it Lauren Ellie said EDB look I don't know y'all I just work here um gone with the Gale ironic is the quote story this ironic is the quote story this season is Raquel breaking off her engagement with James because the relationship was built on lies because he slept with Lala so James slept with Lala and Raquel is sleeping with scandaval interesting okay well I'm gonna have to I'm gonna have to binge watch to catch up Stephanie said from what I've been told and according to Professor Google you can't get a tro in Texas without filing a lawsuit first um I don't know Texas law I would need to consult like Tom the lawyer I imagine that there are I imagine that there are exceptions for that this is supposition I'm sure there are Texas attorneys who can clarify better than me but I imagine that there are um exceptions for physical harm and things like that that you don't have to file a lawsuit for harassment it might be the case but for physical assault I wonder if it is I'm surprised how many people are asking if she's faking um do you think that's because of what Amber Heard did with her restraining order not I don't know I don't have enough um I don't have enough background and Vanderpump Rules to know the personalities and again she has a she has a cut in her eyebrow so I don't I don't think that that's faked but again I don't have all of the info on that um so-so stuff says you cannot Sue when you are in Bravo contract if you file you'll be fired and never brought back EG Nini leaks um I remember Nene's lawsuit that's very good to know I would love to see those Bravo contracts probably never will get to I've sent the funniest meme to you on Facebook Messenger Lisa I've barely check Facebook Messenger as always the best way to get in touch with me reliably is through my publicly available email address Vanderpump Rules launched with Sheena apologizing to Brandi for being the mistress so why is Sheena punching people this is a very good point I remember that from the spillover with Real Housewives of Beverly Hills at a party at uh lvp's house um ale I don't know what process is ask what uh what should have done she said I should have asked if he wanted to be stabbed with the pencil look kindergarten rules this is where we start to learn these things um Lisa said Emily I got my people come owner today I love it they are great I love them too um um give me one second I do have a hard stop in 15 minutes thank you Miguelina um how dumb does Jack Daniels think their customers are LOL we can all see it's a joke and a damn dog toy Nefertiti I agree with you they don't we'll see what the Supreme Court does poop really for scotus they couldn't use a better word no they had to use poop they had to use poop um banana Fanta said I bought a bunch of this kind of dog and cat toys at Christmas because of the case I love that there are a bunch of them there are chewy futons and there are lots of riffs in the animal toy parody product world Stacy said there's a huge picture of a dog on a chew toy label who was confused by this I agree also I also a Heineken toy and I love it um Rosie said I made a logo for my husband who is a 2X world champion equestrian vaulter that's badass and he told me it just looks like a giant male part oh dear um but we love it I love it Susan said you must take time to binge Vanderpump Rules it became my first favorite Bravo show and I'm too old for their uh 19 to 49 age Target I'm probably too old too but I'm here for it would love to use my secondary 25 bank account that would be funny um I think that's what some people did Mischief doesn't want to be managed no they don't um as we are wrapping up and answering questions I don't know if I will get to all of the Super Chat so just know just know we have not named the pickle yet we're gonna work on that tomorrow um for all of you I am going to be doing a live stream tomorrow I'm going to put up in our member spaces what we're going to cover tomorrow we're going to cover some when I cover two topics I never end on time and I do have a call so I have a hard stop in a few minutes but tomorrow we are going to do kind of a zoom zoom of cases that we haven't covered in a while so that we can start getting caught back up on all the things that you're like but what happened to this and what happened to that does the lawyer for the Amicus get to present oral argument to I don't know if they will be at oral argument we'll see were these sent to the justices yes this is the brief that was sent to all the justices they don't want their whiskey associated with poo very fair point EDP you could offer service to website owners to check their ability to handle surge traffic the law nerds make it happen um you don't see PepsiCo pitching a fit over the mountain drool dog toy that VIP also makes somebody's gonna do it and Jack Daniels decided they want to do it the thoughts behind that I'm very curious and can we get a link to this yes we can I'm going to send that out um there's a lawsuit regarding whiskey fungus um emanating from the Jack Daniels plant huh I didn't know there was a whiskey fungus that I'll have to look at when Emily said I'm loving it I automatically replied out loud sitting in a live stream about iconic trademarks thank you Lindsay um yes currently in grad school for marketing and Coke completely invented how we see Santa today he used to wear green but we'd never put him in anything other than red now and that is because of Coca-Cola they reinvented him Coca-Cola coming for Santa are there onion updates I haven't taken a look at that case but I will um thank you all for what you're learning Emily idea for Merch T-shirt with poot and red boots oh I'm definitely not putting put on a shirt where do we upload our finished connect the dots Pages I'm going to put a place on our community Tab and I'll put a place up in our patreon as well so that we have a place where we can share them I'm pretty sure you can share pictures on um I'm pretty sure you can share pictures on the community tab comments you can also email me and we can we can find a way to display them as Leonards surprisingly they didn't bring up Taylor Swift yes question do you think it would have been a First Amendment issue of Jack Daniels had demanded royalties instead I mean I don't know I don't know if they would have argued the same way like we don't need to it could be because they could say we don't need to pay royalties it's parody text in here you can get a protective order without a lawsuit it would I imagine it would be very fact specific right it depends on because some types of protective orders and restraining orders rely on harassment and other things um injunctions are different than protective orders so like a preliminary injunction normally goes along with a lawsuit versus a temporary restraining order that goes along with something like this so that's why I said it depends um so I appreciate that that's Sarah reason 1001 why I love ADB watch first hour of the stream while getting ready for a zoom job interview logged off to do that interview came back in the live stream is still going we're almost done we're almost done I have a friend who got a permanent Ro on a person on YouTube it was quite the experience to witness I imagine and this is the thing when we talk about restraining orders at what point at what point is is online harassment going to be something that can be restrained how does online harassment targeted harassment cyber harassment all play into speech like we're seeing here these are large questions that we have to tackle and I don't think any one of us can tackle them alone I think as a group we need to keep talking about them and it's part of the reason I talk with cases like this um is how how are we parsing through these problems and how are we parsing through conversations around harassment around speech where does speech become harassment targeted harassment internet harassment all of it it is it is funny Poots and red boots and red boots um Mattel suit Aqua for the Barbie girl song and lost I bet they're I don't think their trademark extended that way I it's been a long time since I've looked at it space lawgeek missed you this week I've been here just drove down from the mountains looking forward to catching up yes it's hard when you don't have cell reception don't worry Tick Tock psychic updates coming soon um you are not allowed within the an internet or me not come in with an internet of me like The Tick Tock psychic yeah at what point like there is some speech that is not free and um defamatory speech is the limits the limits of that so shutting it down though the hard thing with defamation is how much damage gets done before it can be shut down and how long it takes years and years and years I want to know who is up for clonard I like clonards clonards pawnards Leonards all of y'all you guys are the best I will be back tomorrow for an extra stream this week I will be posting keep an eye for me in the member spaces as I talked about I will be posting there I have got to go get on a call um thank you all for breaking my website again I appreciate you lonardalert.com we will get that figured out so with all of that um thank you so much I appreciate you and I will see you tomorrow for an extra special extra special live stream talking about all of the cases that we've been covering because we just haven't had enough time to get caught back up after Murdoch so with that if you are a member and you missed last night's members only live stream we do talk about put a bit that is up in your member spaces um and will be up in your patreon spaces right after this stream I'm gonna go put uh push publish on that now so I will see you soon you can also members go find the um the Ringo case which is a trademark case with Ringo Starr and the Ringo that is available for you too and I will see you in the next one [Music] you can find all the law nerd goodies at lawnerdshop.com connect with me on social media at the Emily D Baker and don't forget to check out my podcasts the Emily show and the new podcast quick bits summarizing everything I talk about on my Tuesday and Thursday live streams you know when you only have time for just the quick bets [Music] foreign