Midnight In The Desert

[Tricky-D]

First comes the cease and desist letter.  Assuming the infringing conduct continues, then comes the lawsuit.   And the damages can be significant.  Here is part of the applicable statute (emphasis added


17 U.S. Code § 504 - Remedies for infringement: Damages and profits
US Code
Notes
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(a)In General.â€"Except as otherwise provided by this title, an infringer of copyright is liable for eitherâ€"
(1) the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b)Actual Damages and Profits.â€"
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
(c) Statutory Damages.â€"
(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.

Names and titles of creative works are not subject to copyright protection. They can however be trademarked and typically, the first business to use the name in commerce usually owns the mark even if they didn’t register the trademark with United States Patent and Trademark Office. I checked and the name “Midnight in the Desert” is not a registered trademark. I’m not a lawyer but I’d assume Keith owns that trademark but he’ll have to file an infringement lawsuit, most likely in federal court. Heather could argue that Art’s estate owns the trademark as he created the show and Keith was just the distributor of the program. It’s messy, if I was Keith I’d just wait until HLW and her show disappear for good.

Since I was looking “Coast to Coast AM’ did show up when I did a trademark search and it’s owned by Premiere Radio Networks.

[Dyna-X]

Why was the guest outside?
Is he homeless?
Now he sounds like he is on a speaker phone.

In other words it wasn't the wind.  :/

[chefist]

Ha...MV was right..."Goblins and Such"

[albrecht]

But both that model and the rotary model (and princess phones too) had a screw you could remove from the bottom that would allow you to turn the ringer volume all the way to off.

Remember how AT&T was still fleecing folks, mainly old, rural, or 'urban,' for years on phone leases. Such continues, a bit, I guess, with cell phones and purported 'landlines'- that aren't really but digital and 'go down' with power or cable etc. But there were people for decades on the 'phone'. Now they do same with routers etc.

[21st Century Man]

Wish I could get a fairy to mow my yard and weed my pine islands.

[GravitySucks]

Why was the guest outside?
Is he homeless?
Now he sounds like he is on a speaker phone.

He didn’t want to wake his mum. Or SV.

[chefist]

LOL...best night ever...

[GravitySucks]

Remember how AT&T was still fleecing folks, mainly old, rural, or 'urban,' for years on phone leases. Such continues, a bit, I guess, with cell phones and purported 'landlines'- that aren't really but digital and 'go down' with power or cable etc. But there were people for decades on the 'phone'. Now they do same with routers etc.

Yep. Most of those phones were made in the town I grew up in on the west side of Chicago. Automatic Electric

[pate]

I can only call digitally from the Krommfeld...


https://www.youtube.com/watch?v=zvUq0FWgifk

or horse vershun..


https://www.youtube.com/watch?v=5zDM8XakVpU

ewe decadent

[Bluejay]

LOL...best night ever...

[21st Century Man]

He didn’t want to wake his mum. Or SV.

ROTF
I'll go with the latter.

[bigcasino]

Who’s?

About a thousand pages ago someone on here said HLW either was - or claimed to be - designing Art’s headstone.   I assumed the statement was a joke.

[K_Dubb]

Oliver Wilde?  What kind of imposter is this playing an Englishman?

[Catsmile]

Wish I could get a fairy to mow my yard and weed my pine islands.

[K_Dubb]

Stonehenge is not a dolmen.

[Queenie]

One colored bird is memorialized on at least one gabcast getting hung up on for just that sort of question. If memory serves me correctly.

Gravity, Tizzy and I are fairly new here. We think you are talking about White Crow. We can't figure (him or her) out. I think he is a woman, Tizzy thinks he is man.

Do you know the date of the Gabcast that White Crow asked Heather for her picture.?   

[dsz]

Wait - what?!  You mean DS is not actually broadcasting from the studio of “flagship station KNYE”?!

If DS is not broadcasting from there then HLW’s claim to the “legacy” may be stronger than we think because given her special connection to AB I’m sure she broadcasts from atop the AB headstone she designed.

Just as I was thinking a couple nights ago. He's not in the desert. He didn't want to even do the show at midnight.

As to trademarks, I'm sure if someone else whose legal name is Rush Limbaugh wanted to do a show and call it the Rush Limbaugh show I don't see how Premier/EIB would have a case. Tip for Heather: change your legal middle name to "midnight in the desert".

Films and bands duplicate names. They just generally try not to in order to avoid confusion.

I think you can argue Heather has as strong a case as Keith.

[21st Century Man]

LOL.

I had that coming!!!

[Catsmile]

Stonehenge is not a dolmen.

[GravitySucks]

About a thousand pages ago someone on here said HLW either was - or claimed to be - designing Art’s headstone.   I assumed the statement was a joke.

No that wasn’t a joke but my who’s was.  About 999 pages ago so eone pointed out that Art had a misspelling on Ramona’s headstone. He should have used “Whose” but used “Who’s”. It is funnier when you don’t have to explain it though.

[albrecht]

Yep. Most of those phones were made in the town I grew up in on the west side of Chicago. Automatic Electric

Though I do admit more reliable, solid, and LOUD those phones the scam.was bad.

[Catsmile]

LOL.

I had that coming!!!

# Careful What-U-Wish4

[mnbmnbmnb]

Stonehenge is not a dolmen.

Seems like you're right, although I do see how someone could think otherwise.

[Catsmile]

No that wasn’t a joke but my who’s was.  About 999 pages ago so eone pointed out that Art had a misspelling on Ramona’s headstone. He should have used “Whose” but used “Who’s”. It is funnier when you don’t have to explain it though.

# Why's

[Bluejay]

Oliver Wilde?  What kind of imposter is this playing an Englishman?

[Zenman]

btw, has anybody said fake Jaz tonight? Just wondering.

[dsz]

No that wasn’t a joke but my who’s was.  About 999 pages ago so eone pointed out that Art had a misspelling on Ramona’s headstone. He should have used “Whose” but used “Who’s”. It is funnier when you don’t have to explain it though.

Instead of dunce cap Bellgab needs a who's cap... or a who's paddle depending on how kinky you want to get initiating newbs.

[69CheckMate]

Just as I was thinking a couple nights ago. He's not in the desert. He didn't want to even do the show at midnight.

As to trademarks, I'm sure if someone else whose legal name is Rush Limbaugh wanted to do a show and call it the Rush Limbaugh show I don't see how Premier/EIB would have a case. Tip for Heather: change your legal middle name to "midnight in the desert".

Films and bands duplicate names. They just generally try not to in order to avoid confusion.

I think you can argue Heather has as strong a case as Keith.

Don't think so. Header abandoned MITD by refusing to go to work. Kieth kept the program on the air without interruption. That's the facts. If you abandon anything, you give it up.

[Faustina]

On Heather's FB page:

Steven Broderson:  So is there two mitd

Heather Wade:  No. There's only one and when I get back on the air that will be crystal clear.

[pate]

EYe style thank WC for being JV.

Tipple hot!


https://www.youtube.com/watch?v=88g3OVwcJh4