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IRTRAD-L  November 1998

IRTRAD-L November 1998

Subject:

Re: suing to prevent use of one's name; was RE: Better banjo players

From:

Anne Marie McNamara <[log in to unmask]>

Reply-To:

Irish Traditional Music List <[log in to unmask]>

Date:

Wed, 4 Nov 1998 16:58:43 EST

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (27 lines)

Dear Listers,
West Coast Seamus has a sticker on his CD now explaining he is not of Solas
fame. You can always sue but winning is another story.As many of you know I am
sure it is a game of strategy and often previous court decisions. Laws has not
been written in stone since Babylon or Moses(smile)  I am not a attorney but
have some working knowledge of the  legal system.   I worked in the criminal
justice field for about ten years and often argued with lawyers in court.   Be
forewarned a  little bit of knowledge can produce a terrible explanation of
power.LOL
  It would seem to me intent or loss of revenue would have to be proven and
after all (maybe they should sue Seamus's parents for being so crafty)LOL
Seamus is not exactly an uncommon name in Irish,  as James is not uncommon in
English. I know of two Andy Stewarts (singers) and I believe there is more
than one Will or John Smith that records  There would have to be some rights
of domain evidence and I doubt if it would really result in a win for the
record company. However, Shenachie probably would be in a better financial
position to pursue a legal course.. So I would think the attorney's would only
write letters and threaten to go to court.  Meantime everyone gets a little
free publicity and conversation.
I could be wrong here there is a reason Solomon has often been marveled for
his unusually fair decisions.
Truly fair is most often a county festival not a fact of life. Grin
Having made these statements, next time I see Seamus or  his pals I  will ask
and maybe))))) they will tell me.
Live, Love, and Laugh
Anne Marie

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