Flavor Flav Blasts Bernie Sanders LA Rally: 'There Is No Public Enemy Without Flavor Flav'

[George II]

2/28/2020 by Chris Eggertsen

The rapper is accusing the Democratic presidential candidate of using his “likeness, image and trademarked clock in promotional materials” without his permission.

As it turns out, Flavor Flav isn’t Feeling the Bern.

With Public Enemy slated to perform at a Bernie Sanders rally on Sunday in Los Angeles, a founding member of the legendary hip-hop group (a.k.a. William Drayton) is accusing the Vermont senator of misappropriating his likeness and promoting “a false narrative” that the group has endorsed his campaign for the Democratic presidential nomination.

“We have become aware that Flavor’s bandmate and Public Enemy co-creator, Chuck D, has endorsed Bernie Sanders’ candidacy for President and plans to perform at an upcoming Sanders Rally,” reads an open letter written by attorney Matthew H. Friedman of Nevada law firm Ford & Friedman that was sent to Billboard on Friday (Feb. 28). “While Chuck is certainly free to express his political views as he sees fit – his voice alone does not speak for Public Enemy. The planned performance will only be Chuck D of Public Enemy, it will not be a performance by Public Enemy. Those who truly know what Public Enemy stands for know what time it is, there is no Public Enemy without Flavor Flav.”

The letter goes on to accuse the Sanders campaign of the unauthorized use of Flavor Flav’s “likeness, image and trademarked clock in promotional materials” that have been circulated to promote the forthcoming rally, even though he will not be taking part in the event.

“Sanders has promised to ‘Fight the Power’ with hip hop icons Public Enemy – but this Rap Icon will not be performing at the Sanders Rally,” the letter continues. “To be clear Flav and, by extension, the Hall of Fame hip hop act Public Enemy with which his likeness and name have become synonymous has not endorsed any political candidate in this election cycle and any suggestion to the contrary is plainly untrue. The continued publicizing of this grossly misleading narrative is, at a minimum, careless and irresponsible if not intentionally misleading.”

https://www.billboard.com/articles/news/politics/9325898/flavor-flav-blasts-bernie-sanders-la-rally-there-is-no-public-enemy-without-flavor-flav

[Peacetrain]

1. RUH ROH

[TwilightZone]

2. "not do benevolent work like this"

"When reached for comment, Chuck D sent the following statement to Billboard: "Flavor chooses to dance for his money and not do benevolent work like this. "

Benevolent work?

That is one of the funniest things I've ever read.

[melman]

3. This is preposterous

Chuck D is, and always has been, the main guy in Public Enemy.

[mr_lebowski]

7. Regardless, Flavor is right IIF he holds some legal rights to the PE name ...

A fact I do not know either way, but if he does, then he's 100% right to complain if he so desires.

If he does NOT ... then ... well ... tough shit.

[melman]

8. Look at the poster

It says Public Enemy Radio - not Public Enemy

[mr_lebowski]

11. Responded to your other post

Also if you don't have full rights to the name, you can't use the same basic logo design and tack on one word in small letters to the end and say you're all good.

If Don Henley went on tour and his promo materials featured a big Eagles logo like the one on Eagles Greatest Hits, and then had a much smaller 'guy' written underneath it ... pretty sure that wouldn't fly with the other dudes.

[Celerity]

41. a lawyer for Chuck D added, "From a legal standpoint, Chuck could perform as Public Enemy if he ever

wanted to; he is the sole owner of the Public Enemy trademark

[mr_lebowski]

43. Yeah, and Trump's lawyer Barr said their was No Collusion/No Obstruction

That sort of thing is kind of a lawyers job.

That being said, it could very well be true that Chuck D 'can legally perform as Public Enemy if he ever wanted to'.

While simultaneously being true that IF HE DOES ... then he owes Flavor Flav money.

My guess is that's what this really comes down to.

Doesn't everything?

[Celerity]

45. I will let them fight it out in court, I have no dog in the fight

[TwilightZone]

12. Main and only aren't the same thing.

Which would seem to be his point. They were signed as a group, not a solo act, perhaps somewhat ironically because Chuck D insisted it be that way.

[jberryhill]

24. Flavor Flav left in 2009

And Chuck D is the sole individual owner of the name.

[melman]

4. The poster

No clock. No likeness of Flavor Flav.

[mr_lebowski]

10. That is A poster ... are you certain that poster is the one and only promotional item for the event?

I could also imagine a scenario where someone else (like a website or newspaper) took artistic license and used whatever PE iconography they could find online to construct material, thinking it was okay, not realizing Flav isn't involved.

[msongs]

5. some revolutions have no regard for using other people without permission nt

[NurseJackie]

15. It's deceptive and dishonest.

[jberryhill]

17. Chuck D owns exclusive rights in the name

Aka “Carlton Ridenhour”

http://tsdr.uspto.gov/#caseNumber=85629177&caseType=SERIAL_NO&searchType=statusSearch

Word Mark PUBLIC ENEMY

Goods and Services IC 025. US 022 039. G & S: Clothing, namely, t-shirts, headwear, and jackets. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

IC 041. US 100 101 107. G & S: Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music; entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services in the nature of live musical performances; online journals, namely, blogs in the field of music, entertainment and entertainers. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85629177
Filing Date May 18, 2012
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 8, 2014
Registration Number 4554110
Registration Date June 24, 2014
Owner (REGISTRANT) Ridenhour, Carlton INDIVIDUAL UNITED STATES 3 Third Place Roosevelt NEW YORK 11575
Attorney of Record Lawrence E. Apolzon
Prior Registrations 2580571
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[Hassin Bin Sober]

27. Lol.

[House of Roberts]

6. Old WKRP funny.

"I will not be taught how to live by a man in a white belt"

Mine: I will not be persuaded by a man with a clock hanging around his neck!

[DemocratSinceBirth]

9. I saw P.E. in concert at JJ Whispers in Orlando in 1990.

[melman]

13. Public Enemy's Chuck D Yells 'F--- Donald Trump' at SXSW, While Flavor Flav Has a Different Outlook

Seminal hip-hop group Public Enemy -- never ones to shy away from politically charged lyrics -- wasted no time blasting a particularly polarizing Republican presidential candidate at South by Southwest. "Black Lives Matter! F--- Donald Trump," Chuck D yelled, holding up a middle finger for crowd-pleasing emphasis, just four songs into Public Enemy's concert on Saturday.

---


After the concert -- which featured backup dancers in military attire -- his fellow "Fight the Power" rapper Flavor Flav elaborated on the fiery jab at Trump.

"I'm not really the politician of the group," Flavor Flav, 56, told Billboard while cooling down in his trailer. "There's a lot of people talking a lot of shit about Trump, but guess what? He's winning. The man is winning. I ain't gonna lie, but listen, the United States has been ran a certain way for decades and decades and decades. You never know: Maybe Trump could possibly do something. Maybe he might step in office and do something. I'm not going to doubt him.

"Put it this way: If this was really, really a foot race, Donald Trump would be the first one to the finish line, but they won't let him cross it first," Flavor Flav continued, with his trademark clock dangling from his neck. "That's the way I feel, you know what I'm saying? Because he's winning fairly, but they still don't want him to be president. They're going to try to block that man from being president. If Donald Trump does become president, there's only one thing we all can do: just sit back and let the man do his job."


https://www.billboard.com/articles/events/sxsw/7262951/public-enemy-chuck-d-flavor-flav-donald-trump

[NurseJackie]

14. Bait and switch? That's dishonest.

Shame.

[TwilightZone]

16. Check out the poster.

https://imgur.com/SwfKPeC

There's a very tiny "Radio" in the corner of Public Enemy. The claim is apparently that "Public Enemy Radio" is a separate entity from PE, basically PE without Flavor Flav.

Tricky, eh? So, yeah, maybe a little disingenuous.

[mr_lebowski]

18. If Chuck put out albums under that name, with that logo, and Flav never said anything ...

Then I'd imagine a good argument could be made that it's fine.

But I don't even see mention of this Public Enemy Radio on google outside of this event. They don't have albums and such that I could find in a glance at least.

And the fact that they even see a need to tack on 'Radio' ... even for a non-commercial event ... suggests to me that Flavor owns some rights to the PE name.

If he was a non-owner, the rest would use the PE name outright, and tell him to f-off.

[jberryhill]

20. Ahem...

http://tsdr.uspto.gov/#caseNumber=85629177&caseType=SERIAL_NO&searchType=statusSearch

Word Mark PUBLIC ENEMY

Goods and Services IC 025. US 022 039. G & S: Clothing, namely, t-shirts, headwear, and jackets. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

IC 041. US 100 101 107. G & S: Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music; entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services in the nature of live musical performances; online journals, namely, blogs in the field of music, entertainment and entertainers. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85629177
Filing Date May 18, 2012
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 8, 2014
Registration Number 4554110
Registration Date June 24, 2014
Owner (REGISTRANT) Ridenhour, Carlton INDIVIDUAL UNITED STATES 3 Third Place Roosevelt NEW YORK 11575
Attorney of Record Lawrence E. Apolzon
Prior Registrations 2580571
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[jberryhill]

19. No, that's something you made up

Chuck D owns exclusive rights in the name:

http://tsdr.uspto.gov/#caseNumber=85629177&caseType=SERIAL_NO&searchType=statusSearch

Word Mark PUBLIC ENEMY

Goods and Services IC 025. US 022 039. G & S: Clothing, namely, t-shirts, headwear, and jackets. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

IC 041. US 100 101 107. G & S: Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music; entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services in the nature of live musical performances; online journals, namely, blogs in the field of music, entertainment and entertainers. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85629177
Filing Date May 18, 2012
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 8, 2014
Registration Number 4554110
Registration Date June 24, 2014
Owner (REGISTRANT) Ridenhour, Carlton INDIVIDUAL UNITED STATES 3 Third Place Roosevelt NEW YORK 11575
Attorney of Record Lawrence E. Apolzon
Prior Registrations 2580571
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[mr_lebowski]

21. Good info, thanks ...

You're a lawyer, yeah?

So I'm curious what your take is re: why they aren't just using 'Public Enemy' without the 'Radio', if Chuck owns everything to do with the name?

[jberryhill]

23. Yes, I am a trademark lawyer

I have no idea who made the poster, do you?

As to the name “Public Enemy”, Carlton Ridenhour aka Chuck D is the only member of the group who has been always in the lineup, and he is sole owner of the band’s name.

Flavor Flav left the group in 2009.

[mr_lebowski]

26. See post 25 ... if you confirm you're certain that's not just a patent for iconography

As opposed to full ownership of the name itself, I would definitely defer to your superior wisdom good sir.

But would still wonder why ANYone put this "Radio" there ... if Chuck D owns full rights to the name?

It's illogical to me to assume 'confusion' on this subject.

Being one of, or even the only, constant member ... legally doesn't mean shit. As I'm sure you know.

[TwilightZone]

30. The Radio is intentional and that's how it's being advertised.

It's being advertised as "Public Enemy Radio".

https://dola.com/events/2020/3/1/bernie-sanders-rally-public-enemy-radio-sarah-silverman-dick-van-dyke-rsvp

"Public Enemy Radio consists of the band’s original members, save for one Flavor Flav. "

https://www.okayplayer.com/culture/public-enemy-radio-bernie-sanders.html

From Sanders website:

"Rally in Los Angeles with performance by Public Enemy Radio"

https://events.berniesanders.com/event/252466/

[mr_lebowski]

31. There we go ... thus, if JBH is 100% correct that "Public Enemy" is 100% owned by Chuck D ...

There is (imho) a close to 0% chance that "Public Enemy Radio" ... is how their participation in this event would be advertised.

Hence my questions

[TwilightZone]

32. Well, his accusation that I was making shit up isn't correct.

He either didn't bother to read my post or just assumed the context. His response really had nothing to do with what I posted. What I posted - that the intent of "Radio" was to differentiate - appears to be accurate. In fact, it's bolstered by his post, not refuted by it.

[jberryhill]

39. Your post was the first place I saw that claim

I see you are still feeling grumpy since enlisting as my personal humor critic.

In any event, it is immediately obvious that when someone was composing the poster, Bernie Sanders put on one of the various disguises he uses to go about unnoticed, and found the graphic artist in question.

Silently sneaking into the sprawling luxury mansion overlooking Los Angeles from the hills above WeHo, where one usually finds graphic artists doing campaign work, Sanders put a gloved hand over her mouth, warned her not to turn around, and bent down to whisper into her ear, "Put 'radio' after 'Public Enemy'. It will keep them all guessing."

Clearly, this entire episode demonstrates the unspeakable and terrible fundamental truth that there is no limit to the evil that is Bernie Sanders.

[TwilightZone]

40. References to it are everywhere.

I'm not a "humor critic" and I don't find you particularly amusing except perhaps in that your humor seems to be largely unintentional. My point was that maybe you should have some idea of the context of the conversation and/or some clue what you're talking about before you spout off with unrelated nonsense and accuse others of making shit up. It just makes you look ridiculous.

I listed several references, including Sanders' own website, in post #28. The fact that you had never seen them is irrelevant.

Here's another one that makes it quite clear it's intended as a separate entity. This isn't all some huge coincidence.

"Public Enemy Radio To Headline Toronto's Festival Of Beer"

"Its official, on Friday July 26th the legends of hip-hop Public Enemy Radio will perform during the opening night at Toronto's Festival of Beer presented by The Beer Store."

"When Chuck D founded Public Enemy in the late 80's he wanted to deliver socio-political messages that gives voice to those who have long been ignored."

"Public Enemy Radio carries on this powerful legacy, led by Chuck D, DJ Lord and Jahi. Bringing it back to the hip hop foundation of 2 turntable and a microphone."

https://www.broadwayworld.com/toronto/article/Public-Enemy-Radio-To-Headline-Torontos-Festival-Of-Beer-20190305

[mr_lebowski]

47. Assuming our friend JBH is 100% and Chuck D 100% owns the name 'Public Enemy' outright ..

My supposition re: use of the 'Radio' would be one or both of the following:

1) Chuck is thru some mechanism obliged to pay (or at least secure verbal permission) with Flav when he performs under the name "Public Enemy" (though he's legally free to decide to use it whenever he wants) and/or

2) Chuck has calculated that his regular use of the name "Public Enemy" WITHOUT the contribution of Flav ... devalues the name in the future. And since Flav has joined him for concert AT LEAST as recently as 2014, he wishes to reserve use of it (at least most of the time) for instances when he's joined by Flav onstage. Just because Flav 'left in 2009' it clearly does not mean he'll never be part of the outfit again, and he has in fact been part of it since.

That 'mechanism' ... could however just be a 'man to man agreement' ... and Flav's leverage in that situation centers around the reality of point number 2 ... Chuck goes to use it, Flav bitches, Chuck changes the name for that event to use 'Radio' to avoid pissing him off ... because he knows that 'Public Enemy' with Chuck+Flav is worth a damn site more as a property than Public Enemy with Chuck only.

[jberryhill]

33. You know, if you actually read it....

I provided a link to the full USPTO record.

You will note that it says:

"Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK"

It's a standard character mark, and not specific to any iconography. Like "COCA-COLA", it doesn't matter how it is presented. He owns exclusive rights in those words in combination as a mark for entertainment services.

I don't know who made the poster.

How did Bert & Ernie get onto posters used by Osama Bin Laden supporters?



https://www.snopes.com/fact-check/bert-is-evil/

Lazy graphic artists is usually the cause of that sort of thing.

[mr_lebowski]

36. See post 28. It's not just one poster my man ...

And like I said, I defer to your judgement as I don't know how the fuck to accurately read a document like that.

"Public Enemy Radio" is how this being advertised in every sense of the word.

Do you have a theory as to why, other than everyone involved just randomly felt compelled to use this alternate name in ALL materials, on a lark?

[mr_lebowski]

25. Are you certain that's not just a particular style of presenting the name?

Iconography, if you will?

As seen at this link http://tsdr.uspto.gov/img/85629177/large?1583002974762, pulled from the patent application.

Public Enemy has been a performing entity since 1985. Seems pretty unlikely this 2012 application is the one and only trademark that exists for this group, 27 years hence.

[jberryhill]

35. "Seems pretty unlikely this 2012 application..."

Well, I conducted a search.

Again, if you read the record, you will note it says:

"FIRST USE IN COMMERCE: 19870300"

It's not at all unusual for an entity to use a mark for a long time, rely on common law rights, and then be spurred to federally register the mark years or even decades later.

In this instance, during the course of researching this issue, I found that indeed there was litigation over the name "PUBLIC ENEMY" in 2012, and the advantages of federal registration over reliance on common law rights were probably made clear to him at that time.

In any event, Flavor Flav left the group in 2009 and has had no objection until now. This suggests something else is driving this nontroversy.

[mr_lebowski]

38. So he left in 2009, then there was 'litigation' in 2012 over use of the name ...

But then you assert Flav's 'has had no objection til now'.

Does that you mean you're sure that he had nothing to do with the 2012 case?

Does that also mean you know for a fact Chuck D has put out commercial product and/or performed under the moniker of "Public Enemy" ... without Flav ... and that you've scanned all court filings to confirm Flav 'had no objection' to such a thing happening?

[jberryhill]

44. Sigh....

No, the 2012 litigation over the name did not involve FFF. In fact, FF is perfectly capable of bringing IP litigation:

https://hiphopdx.com/interviews/id.3058/title.dont-believe-the-hype-chuck-d-offers-flavor-flav-lawsuit-truths

Concerning your other question:

"Does that also mean you know for a fact Chuck D has put out commercial product and/or performed under the moniker of "Public Enemy" ... without Flav ... and that you've scanned all court filings to confirm Flav 'had no objection' to such a thing happening?"

Yes, and yes.

In order to both obtain a US trademark registration and to maintain a US trademark registration you do, in fact, have to periodically provide sworn evidence of use to the USPTO. Otherwise, the registration lapses.

And, yes, anyone with an objection to a registered mark can indeed object and file for cancellation of the mark.

And, finally, BOTH of those things are matters of public record.

There are, in fact, two registrations owned by Chuck D. The one posted above, and an earlier one, which I had skipped, for a smaller number of goods and services:

http://tsdr.uspto.gov/#caseNumber=75568235&caseType=SERIAL_NO&searchType=statusSearch

Word Mark PUBLIC ENEMY
Goods and Services IC 009. US 021 023 026 036 038. G & S: SERIES OF PRE-RECORDED COMPACT DISCS, [ PRE-RECORDED AUDIO CASSETTE TAPES, ] PRE-RECORDED MINI AUDIO DISCS [ AND PRE-RECORDED VIDEO TAPES, ] ALL FEATURING MUSIC; AUDIO AND VIDEO RECORDINGS FEATURING MUSIC AND MUSICAL PERFORMANCES. FIRST USE: 19870000. FIRST USE IN COMMERCE: 19870000
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75568235
Filing Date October 9, 1998
Current Basis 1A
Original Filing Basis 1A
Published for Opposition March 26, 2002
Registration Number 2580571
Registration Date June 18, 2002
Owner (REGISTRANT) Ridenhour, Carleton INDIVIDUAL UNITED STATES 3 Third Place Roosevelt NEW YORK 11575
Attorney of Record Lawrence E. Apolzon
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20120604.
Renewal 1ST RENEWAL 20120604
Live/Dead Indicator LIVE


If you were as curious about these things as you pretend to be, then you would actually have a look at the USPTO links I've posted, and you will find at tab called "DOCUMENTS" on that page.

Among the other things that you will find on the "DOCUMENTS" tab are:

1. The periodic statements of use and the actual evidence filed. These are due at 6 years from registration, and then at 10 year intervals thereafter.

In fact, if you look here: http://tsdr.uspto.gov/#caseNumber=85629177&caseType=SERIAL_NO&searchType=statusSearch you will notice that the next due date for a statement of use in the later registration is June of this year.

2. Whenever a suit is filed involving a US registered mark, the party filing the suit is required to give notice to the USPTO, and that notice of suit also goes into the "DOCUMENTS" tab in the TSDR system to which I provided you the freaking link.

3. In point of fact "Flavor Flav" a/k/a William Drayton has already sued, and won the princely sum of $15,000, over the likeness claims and specific use of "FLAVOR FLAV":

https://www.courtlistener.com/docket/6146293/william-j-drayton-v-eastlink-productions-inc/

That 15,000 judgment, however, was actually settled on appeal to the Ninth Circuit:

Court of Appeals Docket #: 19-55138 Docketed: 02/04/2019
Termed: 04/19/2019
Nature of Suit: 3840 Trademark
William Drayton v. Carlton Ridenhour, et al
Appeal From: U.S. District Court for Central California, Los Angeles

03/13/2019 6 Filed order MEDIATION (JW): A dial-in telephonic conference will be held on April 8, 2019, at 11:00 a.m. Pacific Time. Each participant will receive an email with dial-in information. Please notify the Mediation Office at [e-mail] if counsel does not receive an email or if additional participants should be added. The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before June 12, 2019; appellee shall file an answering brief on or before July 11, 2019; appellant may file an optional reply brief within twenty one (21) days from the service date of the answering brief. [11225472] (WL) [Entered: 03/13/2019 07:43 AM]

03/26/2019 7 Filed clerk order (Deputy Clerk: LCC): It appears that the district court’s order challenged in this appeal may not have disposed of the action as to all claims and all parties. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. See Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221 (9th Cir. 1981). If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. 2 19-55138 Briefing is suspended pending further order of the court. [11242343] (WL) [Entered: 03/26/2019 10:39 AM]
04/11/2019 8 MEDIATION CONFERENCE SCHEDULED - DIAL-IN FurtherConference, 04/18/2019, 11:00 a.m., Pacific Time. See order for details. [11260906] (VS) [Entered: 04/11/2019 01:14 PM]

04/17/2019 9 Filed (ECF) Appellant William J. Drayton Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/17/2019. [11266686] [19-55138] (Bjorgum, A.) [Entered: 04/17/2019 09:45 AM]

04/19/2019 10 Filed order (Deputy Clerk: LCC) Appellant’s motion for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [11270951] (WL) [Entered: 04/19/2019 04:42 PM]

[mr_lebowski]

46. I am truly curious J, and I truly don't know how to properly interpret ... shit like that.

I'm asking you honestly cause I like learning stuff.

So one more question ... could the use of the 'Radio' be because Chuck is obligated to PAY FFF some percentage if/when he uses the (plain "Public Enemy&quot moniker?

Could that sort of thing have been 'negotiated'?

I am honestly trying to figure out WHY ... 'Radio' is being used (not just on one poster), if in fact Chuck D has 100% free and clear legal rights to this name.

Could it be some kind of record company thing, nothing to do w/obligation to FFF?

[TwilightZone]

28. Explain the "Radio"

Did you even read my post?

It's being advertised as "Public Enemy Radio". You think that's a coincidence?

https://dola.com/events/2020/3/1/bernie-sanders-rally-public-enemy-radio-sarah-silverman-dick-van-dyke-rsvp

"Public Enemy Radio consists of the band’s original members, save for one Flavor Flav. "

https://www.okayplayer.com/culture/public-enemy-radio-bernie-sanders.html

From Sanders website:

"Rally in Los Angeles with performance by Public Enemy Radio"

https://events.berniesanders.com/event/252466/

If you're going to accuse people of making shit up, perhaps you should actually bother to read what was posted first.

[jberryhill]

22. Flavor Flav is full of shit on this one...

https://en.m.wikipedia.org/wiki/Public_Enemy_(band)

Public Enemy has gone through lineup changes over the years, with Chuck D being the only constant member of the group. Flavor Flav was part of the group from its formation in 1985 to 2009. Professor Griff left in 1989 but rejoined in 1998, while DJ Lord joined Public Enemy the same year as the replacement of the group's original DJ Terminator X.

http://tsdr.uspto.gov/#caseNumber=85629177&caseType=SERIAL_NO&searchType=statusSearch

Word Mark PUBLIC ENEMY

Goods and Services IC 025. US 022 039. G & S: Clothing, namely, t-shirts, headwear, and jackets. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

IC 041. US 100 101 107. G & S: Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music; entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; entertainment services in the nature of live musical performances; online journals, namely, blogs in the field of music, entertainment and entertainers. FIRST USE: 19870300. FIRST USE IN COMMERCE: 19870300

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85629177
Filing Date May 18, 2012
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 8, 2014
Registration Number 4554110
Registration Date June 24, 2014
Owner (REGISTRANT) Ridenhour, Carlton INDIVIDUAL UNITED STATES 3 Third Place Roosevelt NEW YORK 11575
Attorney of Record Lawrence E. Apolzon
Prior Registrations 2580571
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[Hassin Bin Sober]

29. Flavor Flav likes him some trump. Of course he is full of shit.

But teh Bernie is gonna cause some broken hips by using the likeness.

[mr_lebowski]

34. ATM I think it's unlikely he's completely full of shit on this particular subject, personally ...

Despite the assurances of our resident Patent Lawyer.

I'm not 'blaming Bernie' to be clear, this isn't the kind of stuff I expect him to be dealing with personally, and think one would have to be very trifling to do so.

[jberryhill]

37. Since leaving the group in 2009, when else has he objected?

There is no question that Chuck D's "PUBLIC ENEMY" mark has been extensively used since FF left in 2009. Now, 11 years later, he has an issue.

Make of it what one will, but the "claimed IP rights asserted by musical artists during political campaigns" is a tiresome carnival show.

I've written on this before, in the shopworn context of campaigns that get (very reasonably priced) non-profit organization licenses to the entire ASCAP or similar licensing agency catalog - and I'm talking as low as $50 per year - play a recording at an event, and then some artist objects to the use of their work (which they have authorized ASCAP and/or other agencies to license in the first place).

There are some rare and narrow exceptions to the general theme of that tired trope, but they are not usually relevant to any particular manifestation of it.

But, overall, given the general lack of objection to Chuck D's exclusive ownership and continued use of the name for the last 11 years, one cannot help but wonder what it is in particular that got his attention on this particular occasion. One doubts it is concern over IP rights.

[mr_lebowski]

42. There 'is no question'? Are you sure about that?

Cause when I go to Spotify and look up Public Enemy's recorded output, there is one album since 2007.

It a live album, from 2015, documenting a 2014 performance by Public Enemy.

And guess who performed with Public Enemy in this 2014 show?

Yeah ... Flav.

https://vimeo.com/138021982

Since 2009 there's been some PE festival performances, w/o Flav. But that doesn't mean he didn't get paid, and hence ... did not complain/gave blessings.

My guess is that he specifically did NOT give blessings for this particular event (cause he's kindof a dick), and this whole 'adding the Radio' thing is actually in response to his lack of that blessing.

That's my guess about this situation. Trademark applications and your superior wisdom on that subject notwithstanding.

[melman]

48. Flavor Flav out of Public Enemy

Link to tweet

[George II]

49. Hmm, thanks for kicking this one!!!