Pepe the Frog DMCA Takedowns - Images

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Cernovich & Randazza Legal Group responds (Part 2).

Mike Cernovich | Pepe the Frog Page 2 of 2 RANDAZZA LEGAL GROU P During the 2016 presidential campaign, Pepe became a symbol of the alt-right. Mr. Furie tolerated such use, 5 but otherwise specifically distanced himself from the alt-right movement.6 The use of Pepe by Mr. Cernovich goes beyond, for example, Milky Way Productions' use of Pillsbury's "Poppin' Fresh" character, in which fair use was found for the wholesale use of the character in a fictional scene as commentary on the corporation. See Pillsbury Co. v. Milky Way Prods., No. C78-679A, 1981 U.S. Dist. LEXIS 17722 (N.D. Ga. Dec. 24, 1981). Here, Pepe of the alt-right has taken a life of its own, far distinct from the original character. We will charitably construe your letter as an attempt by Mr. Furie to alter the perception of Pepe by the public. We also notice, however, that Mr. Furie has undertaken a Kickstarter to utilize Pepe commercially. And, the release of statements to the media rather than simply attempting to work with Mr. Cernovich, suggests an ulterior motive in support of Mr. Furie's commercial venture. In fact, our view is "charitable," in name only, and your patent attempt to gain publicity for the commercial venture through Mr. Cernovich is foolish To that end, please advise your client that Mr. Cernovich has, at his discretion, removed the video from YouTube and Facebook, but reserves the right to republish them at his pleasure. Further, he won't see a dime from Mr. Cernovich. Should you choose to file suit against Mr. Cernovich, we will be delighted to embarrass the f--- out of you - and set up a malpractice claim by your client against you. Because if you really don't understand fair use, you should leave copyright law to lawyers who do We expect a prompt acknowledgement that you are withdrawing your demands. Thank you for your attention to this matter. Sincerely, Marc J. Randazza cc Client (via separate email) 5 Notably, he took no action in the year and a half since Breitbart published the version of Pepe used in the banner. See http://www.breitbart.com/tech/2016/03/29/an- establishment-conservatives-guide-to-the-alt-right/ 6 See https://www.dailydot.com/unclick/matt-furie-pepe-the-frog-alt-right
Mike Cernovich | Pepe the Frog Page 2 of 2 RANDAZZA LEGAL GROU P During the 2016 presidential campaign, Pepe became a symbol of the alt-right. Mr. Furie tolerated such use, 5 but otherwise specifically distanced himself from the alt-right movement.6 The use of Pepe by Mr. Cernovich goes beyond, for example, Milky Way Productions' use of Pillsbury's "Poppin' Fresh" character, in which fair use was found for the wholesale use of the character in a fictional scene as commentary on the corporation. See Pillsbury Co. v. Milky Way Prods., No. C78-679A, 1981 U.S. Dist. LEXIS 17722 (N.D. Ga. Dec. 24, 1981). Here, Pepe of the alt-right has taken a life of its own, far distinct from the original character. We will charitably construe your letter as an attempt by Mr. Furie to alter the perception of Pepe by the public. We also notice, however, that Mr. Furie has undertaken a Kickstarter to utilize Pepe commercially. And, the release of statements to the media rather than simply attempting to work with Mr. Cernovich, suggests an ulterior motive in support of Mr. Furie's commercial venture. In fact, our view is "charitable," in name only, and your patent attempt to gain publicity for the commercial venture through Mr. Cernovich is foolish To that end, please advise your client that Mr. Cernovich has, at his discretion, removed the video from YouTube and Facebook, but reserves the right to republish them at his pleasure. Further, he won't see a dime from Mr. Cernovich. Should you choose to file suit against Mr. Cernovich, we will be delighted to embarrass the f--- out of you - and set up a malpractice claim by your client against you. Because if you really don't understand fair use, you should leave copyright law to lawyers who do We expect a prompt acknowledgement that you are withdrawing your demands. Thank you for your attention to this matter. Sincerely, Marc J. Randazza cc Client (via separate email) 5 Notably, he took no action in the year and a half since Breitbart published the version of Pepe used in the banner. See http://www.breitbart.com/tech/2016/03/29/an- establishment-conservatives-guide-to-the-alt-right/ 6 See https://www.dailydot.com/unclick/matt-furie-pepe-the-frog-alt-right

Pepe the Frog DMCA Takedowns
mike cernovich marc randazza

Cernovich & Randazza Legal Group responds (Part 1).

Re: Mike Cernovich | Pepe the Frog Dear Mr. Tompros: This firm has the honor and privilege of serving as counsel to Michael Cernovich. We are in receipt of your letter dated September 12, 2017 ostensibly on behalf of Matt Furie in regard to claims of misappropriation of the image of Pepe the Frog. I say "ostensibly," because it is clear that this was more of a publicity stunt than a serious legal threat. We appreciate your client's seeming displeasure that Pepe has been transformed into a political icon.1 Like Mr. Furie, Mr. Cernovich takes issue with being mistakenly associated with the alt-right. In fact, the article you cite2 specifically answers the titular question in the negative. Moving forward, we expect that neither party will falsely claim the other is affiliated with the alt-right As to your claims of infringement, we disagree. We will assume, for the moment, that your client properly and timely registered copyright in the image of Pepe the Frog All defenses on this issue are reserved. We note that "Boys' Club", in which Pepe first appeared as a meme, was published in 2006,3 but we do not see a copyright registration by your client relative to that work. Neither is there one for the earlier "Playtime" work It also appears that your client placed Pepe in the public domain. 4 These two circumstances seem tied together_no copyright was registered because Pepe was intentionally placed in the public domain. Remarkably absent from your letter is any consideration of fair use. Of course, since it wasn't a serious legal threat, this doesn't surprise me all that much. Even if your client could enforce a copyright in Pepe, any claim against our client in this context would fail. Both the video and the banner image qualify as fair use; the image of Pepe is used as political commentary and satire. 1 "Seeming", of course, because he is certainly capitalizing on it. 2 http://www2.dangerandplay.com/2016/08/31/is-mike-cernovich-part-of-the-alt-right/ 3 Oddly, the version available for sale notes that it is copyright © 2016. 4 See https://www.dailydot.com/unclick/4chan-pepe-the-frog-renaissance/ 4035 South El Capitan Way, Las Vegas, Nevada 89147 mjr@randazza.com | 702.420.2001
Re: Mike Cernovich | Pepe the Frog Dear Mr. Tompros: This firm has the honor and privilege of serving as counsel to Michael Cernovich. We are in receipt of your letter dated September 12, 2017 ostensibly on behalf of Matt Furie in regard to claims of misappropriation of the image of Pepe the Frog. I say "ostensibly," because it is clear that this was more of a publicity stunt than a serious legal threat. We appreciate your client's seeming displeasure that Pepe has been transformed into a political icon.1 Like Mr. Furie, Mr. Cernovich takes issue with being mistakenly associated with the alt-right. In fact, the article you cite2 specifically answers the titular question in the negative. Moving forward, we expect that neither party will falsely claim the other is affiliated with the alt-right As to your claims of infringement, we disagree. We will assume, for the moment, that your client properly and timely registered copyright in the image of Pepe the Frog All defenses on this issue are reserved. We note that "Boys' Club", in which Pepe first appeared as a meme, was published in 2006,3 but we do not see a copyright registration by your client relative to that work. Neither is there one for the earlier "Playtime" work It also appears that your client placed Pepe in the public domain. 4 These two circumstances seem tied together_no copyright was registered because Pepe was intentionally placed in the public domain. Remarkably absent from your letter is any consideration of fair use. Of course, since it wasn't a serious legal threat, this doesn't surprise me all that much. Even if your client could enforce a copyright in Pepe, any claim against our client in this context would fail. Both the video and the banner image qualify as fair use; the image of Pepe is used as political commentary and satire. 1 "Seeming", of course, because he is certainly capitalizing on it. 2 http://www2.dangerandplay.com/2016/08/31/is-mike-cernovich-part-of-the-alt-right/ 3 Oddly, the version available for sale notes that it is copyright © 2016. 4 See https://www.dailydot.com/unclick/4chan-pepe-the-frog-renaissance/ 4035 South El Capitan Way, Las Vegas, Nevada 89147 mjr@randazza.com | 702.420.2001

Pepe the Frog DMCA Takedowns
marc randazza mike cernovich

Pepe the Frog Trademark Information

PEPE THE FROG TRADEMARK INFORMATION Mark Identification: PEPE THE FROG Last Applicant/Owner: Furie, Matt 844 1/2 S Mariposa Ave Los Angeles, CA 90005 86848125 December 14, 2015 Serial Number: Filing Date: Status: Abandoned-Failure To Respond Or Late Response October 26, 2016 Status Date:
PEPE THE FROG TRADEMARK INFORMATION Mark Identification: PEPE THE FROG Last Applicant/Owner: Furie, Matt 844 1/2 S Mariposa Ave Los Angeles, CA 90005 86848125 December 14, 2015 Serial Number: Filing Date: Status: Abandoned-Failure To Respond Or Late Response October 26, 2016 Status Date:

Pepe the Frog DMCA Takedowns
trademark pepe the frog