They Want It All

2015 May 23
by drdog09

“The property we seek to forfeit is intellectual property, the trademarks, but that property was used in direct relation to a wide range of illegal activity … If we prevail in the current case, no member of the gang would be allowed to wear the trademark that we believe is synonymous with the group.”

— Excerpt from Federal forfeiture procedure.

Whole article here.

The article explores the mechanics of trademark law as it applies to the case. But there is more here. What purpose is gained by the government seizing the IP trademark? Surely the govt does not wish to be running a motorcycle club. Nor does possession of the mark leverage their arrest powers.

No. It would not surprise me that this is a test case. Most of the forfeiture proceedings are against either assets or income producing instruments. This is against IP. Like many things, a seed must be planted first so that the precedent can be set. What would be a better test case than attempt to seize the IP of a outlaw motorcycle club? Should it be challenged in court in front of a jury… well lets just say the jurors would already have a mental image of a motorcycle club from the beginning.

Should we be concerned? But of course. If the government is successful in this case then there is no property they cannot seize physical or otherwise without a court appearance. Imagine a situation where corporations are threatened with loss of IP without due process. Not only that but imagine a situation where one official does the bidding of another company to turn over the IP to another corporation. Think it won’t happen?

This case is opening the door for the equivalent of Kelo v. New London for the mind.

39 Responses leave one →
  1. 2015 May 23 5:44 pm
    [1]
    gnqanq permalink

    Understand, YOU and all that you possess BELONG to the state.

    Remember, “You did not build that.”

    The left views YOU as existing for the benefit of the “STATE”, not your own interests.

  2. 2015 May 23 5:57 pm
    [2]
    drdog09 permalink

    There is a secondary impact, if IP is no longer protected under the usual rules then two things can happen. 1) Intellectual will shift of Open Source or Community Commons licensing. Or 2) companies will do like Coca-Cola and bury their trade secrets in safes and mattresses.

    WBF either way.

  3. 2015 May 23 6:20 pm
    [3]
    drdog09 permalink

    What’s coming —

  4. 2015 May 23 6:30 pm
    [4]
    drdog09 permalink

  5. 2015 May 23 6:45 pm
    [5]
    TLS permalink

    #4 As Democratic presidential candidate Hillary Clinton fights through several mini-scandals, her approval rating has been skidding

    mini-scandals?

  6. 2015 May 23 7:30 pm
    [6]
    mulletover permalink

    I would say that influence peddling to the tune of hundreds of millions of dollars, circumventing the archives statues by using multiple communication channels out side of her official position, and operating her own intelligence apparatus, among others, like lying to Congress, are scandals of epic proportions.

  7. 2015 May 23 7:40 pm
    [7]

    It matches her butt of epic proportions.

  8. 2015 May 23 7:52 pm
    [8]
    mulletover permalink

    Is that why she wears that “Doctor No” tunic?

  9. 2015 May 23 7:55 pm
    [9]

    That’s where she hides huma.

  10. 2015 May 23 8:11 pm
    [10]
    justrand permalink

    What gnqanq said in comment #1

    BUT, when the State comes to try and take what I earned through my work…they better bring LOTS of people. It won’t be pretty or easy.

  11. 2015 May 23 8:15 pm
    [11]

    “This case is opening the door for the equivalent of Kelo v. New London for the mind.”

    Quite on point.

  12. 2015 May 24 7:16 am
    [12]
    bc3b permalink

    mulletover –

    I would say that influence peddling to the tune of hundreds of millions of dollars, circumventing the archives statues by using multiple communication channels out side of her official position, and operating her own intelligence apparatus, among others, like lying to Congress, are scandals of epic proportions.

    In 2014 the US Chamber of Commerce spent $23 million in primaries to defeat conservative Republican candidates. As the TPP vote illustrates, Thomas Donohue and the Chamber of Commerce own the GOP.

  13. 2015 May 24 7:32 am
    [13]
    mulletover permalink

    Agree, bc. The C of C is a progressive organization.

    They are happy to go along with leftist policy and unconstitutional population control as long as they reap the rewards of crony capitalism. Obama and Hillary are their ideal Oval Office occupants, and Mitch and Hairy and the crybaby their ideal lever pullers.

  14. 2015 May 24 8:12 am
    [14]

    The lawyer quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom..
    His second kick to the midriff sent the lawyer’s last meal gushing from his mouth. The lawyer was on all fours when the farmer’s third kick to his rear end, sent him face-
    The old farmer slowly climbed down from the tractor and walked up to the attorney. His first kick planted the toe of his heavy steel-toed work boot into the lawyer’s groin and dropped him to his knees!

    first into a fresh cow pie.

    Summoning every bit of his will and remaining strength the lawyer very slowly managed to get to his feet. Wiping his face with the arm of his jacket, he said, “Okay, you old fart. Now it’s my turn.”

    The old farmer smiled and said, “Nah, I give up. You can have the duck.”

    (Age and cunning win over youth and skill any day)

  15. 2015 May 24 9:30 am
    [15]
    drdog09 permalink

    If the legend contradicts the facts, go with the legend — http://www.zerohedge.com/news/2015-05-22/us-department-commerce-officially-jumps-shark-will-double-seasonally-adjust-gdp-data — If the legend does not exist, create one.

  16. 2015 May 24 10:05 am
    [16]
    drdog09 permalink

    Drudge issues a Twitter bomb against the GOPers — http://linkis.com/www.theblaze.com/sto/HETFg — I especially like the tweak against Clinton with ‘lawrence welk’.

  17. 2015 May 24 10:17 am
    [17]
    bc3b permalink

  18. 2015 May 24 10:25 am
    [18]
    drdog09 permalink

    John Nash and wife dead — http://www.nj.com/middlesex/index.ssf/2015/05/famed_a_beautiful_mind_mathematician_wife_killed_in_taxi_crash_police_say.html — His personal story is inspirational, but his mathematical body of work has led us to the market cliffs we face today.

  19. 2015 May 24 10:31 am
    [19]
    drdog09 permalink

    17,

    Its the Windy City cause its residents are full of holes?

  20. 2015 May 24 12:28 pm
    [20]
    drdog09 permalink

    The Clinton campaign is starting to remind me of the premise that the Mel Brooks movie “The Producers” is based. Get all the cash you can but winning is not the purpose.

  21. 2015 May 24 1:03 pm
    [21]
    bc3b permalink

    drdog09 –

    Its the Windy City cause its residents are full of holes?

    In a former life, my office was two blocks west of what was then known as the Sears Tower. On windy winter days with the wind witting the Sears Tower, it was damn cold.

  22. 2015 May 24 1:47 pm
    [22]
    TLS permalink

    #21 I always assumed they were referring to the blow hard politicians but since you say it was cold air, I guess not.

  23. 2015 May 24 1:48 pm
    [23]

  24. 2015 May 24 2:22 pm
    [24]
    drdog09 permalink

    So many dead for what? We have let the politicians and bankers so screw this up.

  25. 2015 May 24 2:30 pm
    [25]
    drdog09 permalink

    Liberal privilege — http://linkis.com/nypost.com/2015/05/2/7bHKi — A case could be made that there is a rape culture in this country. Only its women teachers raping young boys. Glenn Reynolds has been detailing this for two years.

  26. 2015 May 24 2:34 pm
    [26]

    How can a male be raped? If one really didn’t want to copulate, I doubt the willie would cooperate with the rapist, under a duress situation.

  27. 2015 May 24 2:41 pm
    [27]

    15 – So they’re gonna double down on the existing charade? Un-f__king real.

    18 – Sad. Am I the only one that puts on his seat-belt while in a cab?

  28. 2015 May 24 3:10 pm
    [28]
    mulletover permalink

    Speaking of “willie” cooperation, this outfit ain’t gonna help.

    http://www.thegatewaypundit.com/2015/05/dem-rep-calls-for-ban-on-tanning-beds-for-minors/

    The only thing to help this gag is a short circuit in the tanning bed.

  29. 2015 May 24 3:53 pm
    [29]
    TLS permalink

    #28 A 10% sales tax on tanning services is included as part of Obamacare so she will never get anywhere on this. But if they do ban it for minors, those kids can get an abortion and some Gardysil vaccines without parental consent while they’re waiting on that tan.

  30. 2015 May 24 5:03 pm
    [30]
    mulletover permalink

    Into the abyss with Liberal logic.

  31. 2015 May 24 7:07 pm
    [31]
    drdog09 permalink

    IP, the rape was a matter of statute (aka underage) not capability.

  32. 2015 May 24 7:08 pm
    [32]

    Can I lie about my age????

  33. 2015 May 24 7:15 pm
    [33]
    justrand permalink

    Love the new/old gravitar, IP. …Semper Fi

    It’s just about time to saddle up, and that’s the perfect symbol for it

  34. 2015 May 24 7:35 pm
    [34]
    drdog09 permalink

    29,

    The funny bit is a lounge chair, SPF15, shorts and about 3omin every other day accomplishes the same thing. Course if you live in Seattle or Portland it might take a good bit longer.

  35. 2015 May 24 7:37 pm
    [35]
    drdog09 permalink

    IP,

    I think the sigh and long “oh yeaaaaaah” at the end might give you away. 🙂

  36. 2015 May 24 7:44 pm
    [36]

    At my age, it just might finish me off.

  37. 2015 May 24 8:20 pm
    [37]
    mulletover permalink

    Rosa de lube is looking for a suitor who sighs…..

  38. 2015 May 25 6:15 am
    [39]
    drdog09 permalink

    “Among the rich you will never find a really generous man even by accident. They may give their money away, but they will never give themselves away; they are egotistic, secretive, dry as old bones. To be smart enough to get all that money you must be dull enough to want it.” — Chesterston

    Marks many in the ‘leaders’ IT industry I am afraid.

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