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Westlake Legal Group > Press Releases (Page 81)

Florida woman attacked by ‘aggressive’ otter says ‘severe bites’ left her temporarily unable to walk

A woman in Maitland, Florida, who was hoping to take a leisurely walk with her dog last week ended up fighting off a what was likely a rabid otter instead.

Westlake Legal Group Otter-iStock Florida woman attacked by ‘aggressive’ otter says 'severe bites' left her temporarily unable to walk Madeline Farber fox-news/us/us-regions/southeast/florida fox-news/science/wild-nature fox-news/odd-news fox news fnc/us fnc e5c4235f-e88a-58ab-bad3-6ca32669356e article

Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Stuart Varney: Is Gillette making a smart business move with its latest ad?

Yes, some forms of masculinity are just plain boorish and just plain obnoxious: loud-mouthed, aggressive bullies leave me, and everyone else I know, cold! But I think the new Gillette ad lumps all men together.

Westlake Legal Group MY_TAKE_VARNEY_ENDFRAME Stuart Varney: Is Gillette making a smart business move with its latest ad? Stuart Varney fox-news/opinion fox-news/fox-nation fox news fnc/opinion fnc d3438641-02b1-59ac-bf4f-c68edeaee620 article

Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Rick Harrison of ‘Pawn Stars’ to deliver CPAC speech to conservative activists

Rick Harrison, the star of History channel show “Pawn Stars” and an outspoken conservative, will deliver a speech to one of the largest annual gatherings of conservatives taking place next month, Fox News has learned.

Westlake Legal Group 694940094001_5818388493001_5818389690001-vs Rick Harrison of ‘Pawn Stars’ to deliver CPAC speech to conservative activists fox-news/politics fox news fnc/politics fnc article Alex Pappas 42c07e6e-7ab5-5fad-8594-0e57f5c19230

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WaPo: Hey, this satire edition is *actual* fake news

Westlake Legal Group wapo-fake WaPo: Hey, this satire edition is *actual* fake news WaPo trademark The Blog Political Satire Parody First Amendment fake news donald trump copyright

Someone spent a lot of time and money on this fake-news project — and the Washington Post is in the “darkness” on its origin. Earlier today, copies of what appeared to be the Post and dated May 1st, 2019 were being distributed with the headline “UNPRESIDENTED,” reporting that Donald Trump had resigned and fled the White House. The print “newspaper” was published in parallel with a website that mimics the Post as well¹, although the slogan changed from “Democracy dies in darkness” to “Democracy awakens in action.”

Every story included in the edition focuses on progressive victory over the tyrant, including one headline that noted “Fictional Washington Post eerily predicted real events.” My goodness — it even mimics the media’s self-promotion! It might very well be a satirical take on the newspaper as a “fake news” outlet too, although that would require a near-exquisite level of subtlety to grasp on the basis of the product.

Not everyone was amused by this effort. Andrew Feinberg concluded that it was “definitely not an attempt at parody, so the WaPo could sue”:

Needless to say, the Post wasn’t amused either:

Overall, the satire is mostly remarkable just for its existence and presentation. Otherwise, the articles mainly reflect progressive wishcasting more than realistic scenarios. It’s well-produced fanfic, or maybe anti-fan fiction is a better description. If you’re a big fan of the Beltway, you might get a thrill from reading “how DC stepped up to shut down Trump,” but that’s got to be a niche market among niche markets. Unless, of course, the point of this is to satirize the obsessed progressives and the media’s reflection of them, in which case it might be utterly brilliant.

To return to Feinberg’s point, it’s unclear how he came to such a definitive conclusion about this not being parody or satire. It seems a lot more certain that it’s intended to mock the politics of someone, whether that’s the Post and of Trump at the same time, or the Post and progressives at the same time, or just the Post on its own as “fake news.” It does not appear to be created for commercial purposes, let alone to steal readers away from the Post. There is plenty of precedent for broad definitions of parody and satire for purposes of commentary, with perhaps the most popularly known being Hustler Magazine v Falwell, which was dramatized in the film The People Vs Larry Flynt. That decision focused more on the aspect of damages to public figures, but to the extent that this parodies/satirizes the Post itself, it’s at least somewhat relevant. The logo change suggests that the Post is at least a secondary target for this parody.

Courts have also given wide latitude to parodies and satires that involve copyrights and trademarks — although with definite limits. A FindLaw analysis goes through the various precedents, including the use of Dallas Cowboy Cheerleader outfits in the porn film Debbie Does Dallas, where the producers lost the infringement lawsuit. The recent trend, however, has been to tolerate the satirists:

The much more prevalent, especially in more recent times, line of cases are those in which the court ruled in favor of the creator of the parody. In each case, the court found that the parody was strong enough to overcome the likelihood of confusion, even in those cases where the original marks were placed in an unfavorable light. In fact, one court stated that parody tends to increase public identification of the marks with the plaintiff, most likely by drawing attention to plaintiff’s brand through humor. On a related note, courts have upheld parody usage of marks, even given likelihood of confusion, on First Amendment grounds. By and large, the courts understand the importance which parody and satire play in our society and are willing to safeguard it, even when it is not merely for social commentary, but also for commercial purposes. Just a small sample of the plethora of cases utilizing this rationale will suffice. One of the earliest cases involves the publishing of a poster showing an obviously pregnant very young woman wearing a Girl Scout uniform with the slogan “Be Prepared” written underneath. The court stated that no evidence had been shown supporting an allegation of confusion, or that anyone actually believed that the Girl Scouts published or sponsored the poster. Failure to prove likelihood of confusion caused courts to protect parodists in the area of a Wacky Packages product spoof, an L.L. Bean look-alike catalog of sexual products in an adult magazine, a sophisticated spoof of students’ resource Cliff Notes parodying “savvy, urban novels … of post-adolescent angst of the 1980’s”, perfume for dogs bearing names which played on famous designer brands, and, most recently, a movie mocking the clothing line FUBU. Each of these cases found that defendants, by the strength of their parody, had decreased the likelihood of confusion to a sufficient degree that the court did not consider such instances trademark infringement.

In this instance, with its clear political message and satirical elements, the producers of this publication are almost certainly going to fall within the precedents for tolerance. That doesn’t mean the Post can’t sue … but it seems doubtful they’d win. Unless whoever published this went through all their cash to get it on the web and the streets and can’t afford good lawyers, which certainly could be the case. But it’s not exactly a great look for a newspaper whose motto virtue-signals for free speech to be seen bullying a political satirist. Just sayin’.

So who did do this? The domain’s WHOIS data shows ownership by a “Whois Privacy Corp” based in the Bahamas. If it’s an activist group, they’re using an odd strategy for promoting themselves. How will they be able to collect their Foolitzer Prize² if they don’t identify themselves?

Note 1: If you wish to see the site, go to “my-washingtonpost.com”. My anti-virus software warned that it might be a phishing site, most likely because of a lack of proper certificates or the faux registration links (which I did not click). I’d prefer not to include the link just in case it’s more malicious, so be warned if you check it out.

Note 2: When I first drafted this, I thought I’d come up with “Foolitzer Prize” on my own, but I had the good sense to Google it before publication. My old friend Don Surber used it last year, and the Wikipedia-themed satire site Uncyclopedia has references going back to 2007.  Dammit.

The post WaPo: Hey, this satire edition is *actual* fake news appeared first on Hot Air.

Westlake Legal Group wapo-fake-300x163 WaPo: Hey, this satire edition is *actual* fake news WaPo trademark The Blog Political Satire Parody First Amendment fake news donald trump copyright   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Ocasio-Cortez vows to ‘run train’ on progressive agenda in bizarre turn of phrase

Rep. Alexandria Ocasio-Cortez, D-N.Y., used a strange – and sexually charged – phrase to describe to the Washington Post her plan for implementing a progressive agenda.

Westlake Legal Group AP19004633696681 Ocasio-Cortez vows to 'run train' on progressive agenda in bizarre turn of phrase fox-news/politics/socialism fox-news/politics fox-news/person/alexandria-ocasio-cortez fox news fnc/politics fnc article afb277b4-c47c-57b9-86ab-41a2ba8fbe6e

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Pelosi: If Trump wants to give the SOTU, he can do it from the Oval Office

Westlake Legal Group p-4 Pelosi: If Trump wants to give the SOTU, he can do it from the Oval Office white house Trump The Blog steny hoyer State of the Union SOTU pelosi Oval Office

And so he shall, Nancy Pelosi. So he shall.

Actually, he’ll end up doing it in the East Room at a podium in front of a group of aides and admirers. An hour-long speech from the Oval Office would be depressing and claustrophobic. An hour-long speech in a big room in front of an audience that’s interrupting frequently with raucous applause is more digestible.

Her reasoning here has to do with security. There’d be a security risk in having the president and Congress together in the same chamber while federal workers are furloughed, she says, without the full complement of security that normally attends to this event. But c’mon. They could bring back every agent they’d need to staff the SOTU and Pelosi would still find a reason not to hold the event. Homeland Security told Fox News today, in fact, that they’re ready for the SOTU, shutdown or no shutdown. Here’s what I wrote on Friday:

I don’t think Republicans want to risk leaving Trump with an open mic and a huge TV audience at the State of the Union either with the shutdown still going and approaching its 40th day. In fact, I wonder if Pelosi will even allow him the opportunity: Maybe she’ll rescind the invitation to have him come and address Congress, leaving him to do it from the White House instead. Certainly she doesn’t want to be in-frame and unable to respond during an SOTU speech in which Trump excoriates her at length for not giving him the wall money already.

Imagine Pelosi having to sit silently five feet behind Trump for an hour, in full view of 50 million people, as he rants to the camera about how much Democrats love illegal-immigrant crime. The only surprise today is that she waited as long as she did to cancel.

The sweetest thing Trump could do now would be to scrap the SOTU entirely, fulfilling the wishes of political junkies everywhere who despise this boring, useless, imperial spectacle.

During the day of the event, the White House typically briefs reporters on the major news and releases excerpts. By the time the president starts speaking, reporters get the transcript of the speech, which is typically used as the basis for any stories.

The actual speech produces no real news. So reporters typically focus on meaningless side stories: who lined up to shake hands with the president along the aisle, who applauded or sat on their hands for any lines, or what kind of facial expressions people were making.

The policy proposals are typically dead on arrival, and no speech by the president is going to do anything to change it. Everything that is said is quickly forgotten. Also, for a long time now, presidential approval has been unaffected by these speeches.

All we need to do is somehow convince Donald J. Trump that he should willingly forgo an opportunity to be on television in front of an audience numbering in the tens of millions.

Free advice: If he wants camera time, he should dispense with the SOTU by sending a written version to Congress and instead host a beer-and-burgers “eat ’til you puke” fast-food blowout a la the Clemson banquet for 100 lucky fans at the White House. Invite the media in to cover it all. Imagine a roomful of dudes in MAGA hats double-fisting pizza and cheesesteaks beneath the chandeliers while Trump stands there grinning. It might be the one thing that can turn the trend in his approval rating around.

The post Pelosi: If Trump wants to give the SOTU, he can do it from the Oval Office appeared first on Hot Air.

Westlake Legal Group p-4-300x159 Pelosi: If Trump wants to give the SOTU, he can do it from the Oval Office white house Trump The Blog steny hoyer State of the Union SOTU pelosi Oval Office   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com