@mdwstfishingmo@Perrid13@ASFleischman@TheModerateCase Right, because tribes are their own sovereigns, and therefore outside the jurisdiction of the US. I think everyone agrees that natives and children of diplomats are two clear exceptions to the Constitutional rule.
@ErnieYachts@eyesthedon Doesn't matter, because he doesn't interfere in the play that he was in an offside position for, and then he's onside when the ball is played to him.
@EWess92@jimmy_esq FWIW there’s a bit of recent history with the 9th Circuit doing something similar when there was a lot of media coverage of an incident, see the Judge Benitez (CASD) incident in 2023.
@_cashcarstar@Anonyossum@Dexerto The problem with this argument is that Pattie Gonia specifically filed for a trademark for apparel.
“Patagonia” (which is a legally incontestable mark for apparel) and “Pattie Gonia” sound the same and would be in the same industry, so it’s textbook trademark infringement.
@AJ_Specter23@MikelleStreet@kristoferthomas What’s the commentary? A parody can’t just be a spoof, it has to be a comment on the original work.
Regardless, since we’re in trademark territory and not copyright, it’s likelihood of confusion and dilution that matters. There’s no “fair use” defense.
@btfitzpat@danepps I think this is a case of misguided litigation strategy. The spa solely brought a First Amendment challenge because they previously settled the investigation and only retained the ability to challenge the constitutionality of the statute, not whether they violated it.