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Defame
Feb
10
Website Posts Naked NBA Player Pics; Lawyers Have Pissing Contest
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Earlier this month, TheDirty.com posted nude pictures of San Antonio Spurs Point Guard George Hill. The photos show Hill in a Spurs cap (and little else). Hill had apparently texted the pictures along with some revealing text messages to his jump off (he apologized to his girlfriend in an open letter to his fans) about a year ago.
In one text Hill confesses, “Im a fast c—.” Click here to fill in the blank and view Hill in all his glory. Well, almost–LARGE hearts and bubbles cover the money shots.
Thanks to Hill’s nifty product placement, the Spurs were soon drawn into the drama, instructing their lawyer to fire off a missive to TheDirty. Read the full letter via HuffPo:
This letter is formal notice of the Spurs’ objection to the display of photographs of Spurs’ player George Hill on thedirty.com’s website. More specifically, thedirety.com has caused or permitted photographs of Mr. Hill in an unclothed state to be posed on its website. Moreover, the website expressly references Mr. Hill’s status as a BA player for San Antonio and contains a hyperlink to a photograph of Mr. Hill in a Spurs’ uniform. The website also links to phtographs of Mr. Hill in various states of undress and phtographs that contain messages meant for a particular private recipient.
The content of this site is clearly aimed at prurient and sexually explicit interest that should not be associated with the Spurs…
That was all fine and good until TheDirty’s lawyer penned what amounts to a written bitch slap. It begins thusly:
TRADEMARK LAW DOES NOT APPLY TO CRITICISM OF CELEBRITIES MAKING FOOLS OF THEMSELVES
Then continues:
…you contend that trademark law and related torts prevent the publication of Mr. Hill’s name and/or image simply because www.TheDirty.com is a hudgely successful commercial site…
Since you have not cited any authority for this premise, I assume you could not find any. That’s not surprising since as Paris Hilton, Tiger Woods, or Britney Spears could explain to you, this argument is totally without merit. Strangely, many people seem to share this mistaken belief that the Lanham Act prevents all uses of a trademark without the holder’s permission. Thankfully for The Dirty, TMZ, etc., this is not the law; it is an urban myth:
Finally, there is this:
I realize that NBA fans in the San Antonio are may not be so sophisticated, particular if any of them have opted to support Mr. Hill and the Spurs rather than the undeniably superior Dallas Mavericks (excluding Shawn Marion who hasn’t been the same since he left Phoenix).
Jan
22
Hell Hath No Fury Like YaVaughnie Scorned!
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Oracle president Charles Phillips is worth over $100 million. The NYU New York Law School graduate may need every penny to smooth over the mess created by his mistress’ public chronicling of their 8-year affair.
A billboard displaying a picture of the executive and his mistress, YaVaughnie Wilkins, during happier times went up recently in Atlanta, New York and San Francisco.
Gawker broke the story:
The pair first come to light in a mysterious Times Square billboard we posted about on Tuesday. The billboards included the address of a romantic online photo album,CharlesPhillipsAndYaVaughnieWilkins.com, and a quote attributed to “C.E.P.:” “You are my soulmate forever!” Our readers quickly figured out that the man in the billboard was Oracle’s Charles Phillips, and we wondered if the co-president was emulating his attention-grubbing boss, Oracle CEO Larry Ellison. But then came evidence of Phillips’ marriage to one Karen Phillips, who Charles Phillips called his wife in a 2006 interview and who appeared with him in the society pages recently. We wondered if Wilkins wasn’t out for revenge.
Ms. Wilkins also unveiled a website with post cards, photos–one of which is a man with painted toe nails and lingerie (might that be Mr. Phillips?)–and notes written on hotel stationary. The website has since been removed, but Gawker was kind enough to produce their own photo gallery of some especially touching touchy kodak moments.
In February 2009, Phillips was appointed as a member to the President’s Economic Recovery Advisory Board to provide President Barack Obama and his administration with advice and counsel regarding the economy.
This couldn’t get much worse for Mr. Phillips. Let’s just hope his wife doesn’t take to his head with a golf club…
Breaking: The billboard in Atlanta has been taken down. Perhaps none of this happened at all.
Jul
5
Politicians Need Lawyers Too
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D.C. Mayor For Life Councilmember, Marion Barry was arrested for stalking. Between his felony drug trial and tax evasion issues, Barry has done his part to keep attorneys working. It seems though, the 73 year old politician is finally losing steam. This latest charge of stalking is only a misdemeanor. WaPo
At about 8:45 p.m., a woman traveling near the intersection Good Hope Road and Anacostia Drive flagged down a U.S. Park Police officer to report that a man in a vehicle nearby was stalking her, said Sgt. David Schlosser, a Park Police spokesman. That man, Schlosser said, was Barry.
The officer interviewed the woman and Barry, then arrested Barry and took him to the Park Police’s Anacostia Station, Schlosser said. There a detective interviewed Barry again, and police charged him with a misdemeanor count of stalking. Barry was released and ordered to appear in court, likely sometime later this week, Schlosser said.
The bar-brawling, shrek-calling, Detroit Councilmember, Monica Conyers has pleaded guilty to accepting brides. The wife of U.S. Rep. John Conyers could get up to 60 months in prison. FREEP
The only agreement is that Judge Avern Cohn is limited to giving Conyers a maximum of 60 months. Federal sentencing guidelines are complicated, but in the end, Cohn can do what he wants. Cohn is undisputedly a liberal Democrat, whose sentencing tends to be light, according to the Almanac of the Federal Judiciary, which is based on lawyers’ comments and other data. Cohn has not yet handed down any sentences in the Synagro case. Observers say they think she’ll get at least a couple of years.
Apr
24
Bernice and Martin have had it with Dexter running the King Center into the ground. This week they were in court explaining their ignorance regarding a $800,000 licensing deal involving the King foundation. From BlackLegalIssues:
The Martin Luther King Jr. Memorial Foundation paid the $800,000 fee to the King estate in 2007 to use the civil rights icon’s words and images in fundraising materials, and the two siblings say they found out about it through the media.
“When we were made aware of it, it was already a done deal,” Bernice King told The Associated Press. “Our understanding was that this was about the King Center being able to survive.”
In a statement last week, the King estate said there was no fee charged for the use of the Nobel Peace Prize winner’s name, image and words on the memorial itself, and that the licensing agreement benefited the center, not King’s heirs.
As for when money factored into the deal, “we don’t know when that happened,” Bernice King said.
Both Kings said they have not been involved in decisions about their father’s estate since 2004, and that Dexter King has acted on his own for years as head of the estate and the center, the nonprofit organization founded by Coretta Scott King shortly after her husband’s assassination in 1968. She died in 2006, and Bernice King handles her estate. The eldest King sibling, Yolanda, died in 2007.
Apr
24
Oprah’s ‘Aha Moment’ Causes Lawsuit
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Just a few days ago, Oprah’s lawyers fired off a cease and desist letter to Mutual of Omaha demanding they shut down their plans to run a gigantic advertising campaign with the slogan, “Official sponsor of the aha moment.”
In the letter, sent April 21, Oprah’s peeps claim they have the rights to the “Aha Moment” slogan and they threatened to sue because O doesn’t want Mutual to mislead her fans into thinking she’s associated with them.
But Mutual of Omaha is fighting back with a lawsuit, claiming that even if Oprah had trademark rights to the phrase, she “abandoned” those rights by failing to “police their alleged mark” when other businesses used it in the past.
Mar
9
Celebs Provide More Work For Attorneys
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Why is this man smiling? Felony drug charges against Lil Wayne dropped. AJC
Chris Brown declines to enter a plea. Rihanna declines “no contact” order. It’s possible only their lawyers will have careers all this. BlackLegalIssues
Coolio was arrested at LAX on possession of narcotics. Is he on the DMX diet? LATimes
Michael Jackson flips the script, sues auction house to halt sale of ”priceless and irreplaceable” personal items. The auction firm says Jackson’s suit caught them completely off guard. HuffPo
Russell Simmons agrees to give ex-wife, reality TV personality and trinket seller, Kimora Lee sold custody of their children along with $40,000 a month. 11Alive
Charles Barkley begins 3-day jail sentence. In addition to having the sentence reduced, Barkley is likely to loose a few pounds. ESPN
Nov
26
Stepmama to Whitney — I Have Nothing! TMZ
Vick continues to plea for a return to the field. EURWeb
W asks, “What would Jesus Do?” then pardons the rapper and convicted drug trafficker, John Forte, who also happens to be, like 41 & 43, an Exeter alum. TheGuardian
R. Kelly’s nephew charged with attempted murder after barbershop shootout. MTV
Can Oprah’s lawyers get headmaster’s defamation suit dismissed? MSNBC
Drunk judge pulls a Mel Gibson. ABAJournal
Bryant Gumbel’s son couldn’t explain damage to his car. Does booze? BostonHerald
Nov
19
Michael Vick’s Lawyers are Getting It Done!
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From the AP:
Imprisoned NFL quarterback Michael Vick expects to return to pro football, according to his bankruptcy attorneys who laid out a plan to pay creditors based in part on his anticipated earnings.
“The Debtor has every reason to believe that upon his release, he will be reinstated into the NFL, resume his career and be able to earn a substantial living,” Vick’s attorneys wrote in a disclosure statement filed before a hearing Thursday in U.S. Bankruptcy Court in Norfolk.
Even his pending state charges appear to be going away:
Vick still faces two state felony counts — dogfighting and animal cruelty. They carry maximum prison terms of 10 years, but under a plea deal, Vick would serve a suspended sentence and a year of probation.
Share your thoughts on our founder’s commentary: Michael Vick finds Jesus, Loses Friends:
More of Yolanda’s videos here.
Nov
14
See Larry Run, Spit, Assault and Defend
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Larry Johnson KC Chiefs RB
Kansas City Chiefs running back, Larry Johnson, returns from an unpaid team suspension just in time to lawyer up. According to Courthouse News:
After a woman rejected his offer to buy her a drink, Kansas City Chief running back spit his own drink in her face, saying, “First I’m gonna kill your boyfriend and then I’m gonna kill you, and that’s a promise,” the woman claims in Jackson County Court.
For those of you wondering why an NFL stud would feel that threats were necessary to secure dates, you can stop scratching your heads. It seems Johnson has issues. This from the KCStar:
That day,The Star broke a story that Johnson faced simple-assault charges in Kansas City Municipal Court for an alleged February incident involving another woman. He also has a December court date in that case.
Prosecutors dropped charges in a 2003 case after he agreed to enter a domestic-violence diversion program. In 2005, a woman who accused Johnson of pulling her to a nightclub’s exit later changed her story and declined to prosecute.
Nov
9
Katt Williams Arrested but the Show Goes On
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Katt Williams
Police picked up hip-hop comic Katt Williams after finding his Mercedes bus and red Cadillac Escalade sans license plate parked on Broadway. Inside the vehicles were ten moochers and three guns. (Did they eat the cannabis?) Eighteen hours and $250,000 later, Williams took the stage at Carnegie Hall. From NYDailyNews:
Downtown, Williams…spritzed himself with cologne and jumped into a black limo. Half an hour later, it screeched to a stop near the rear stage entrance on W. 56th St. and Williams, surrounded by bodyguards, jumped out and disappeared into the hall.
Dancing his way on to stage just over an hour late, Williams turned to the audience and apologized for running late.
“I’m not moving at my usual pace,” he said. “I just got out of jail 35 minutes ago.”
But he said the frantic trip uptown was for his fans, not his wallet: “I wasn’t thinking about the money - maybe because they paid me in advance.”
