This is so nuts. If there is one thing that MAGA definitely stands for it is Make Attorneys Get Attorneys and make attorneys rich also belongs on a hat or bumper sticker. Donald Trump is without question the most litigious former president and/or candidate in the history of American politics. He’s got yet another lawsuit going right now. The estate of Isaac Hayes filed a $3 million suit against Trump for unpaid licensing fees, for the 134 times he’s used, “Hold On, I’m Comin'” without permission at his rallies. I haven’t seen the lawsuit but I gather that they’re pleading in the alternative, which means two different ways. One is that Hayes didn’t actually own the copyright but if he did, then two, he was “pals” with Lee Atwater (which translates to Trump as permission to use Hayes’ music.) Go figure. Law & Crime:
Last week, a federal judge in Georgia set an emergency hearing after the estate requested an emergency injunction to stop Trump, and various related entities, from using the song.
On Saturday, in a 23-page filing, Trump’s campaign argued that Hayes’ estate “failed to meet any of the well-established requirements on which the extraordinary relief of a preliminary injunction must be grounded.” Central to the defense’s argument is the claim that Hayes’ estate does not even own the copyright to the disputed song.
In their $3 million complaint, Isaac Hayes Enterprises LLC alleges the former president “unlawfully profited off [Hayes’] reputation and identity” by using the hit song at rallies in violation of federal law. The complaint alleges 134 total counts of copyright infringement and demands Trump make good on the unpaid licensing fees — which equate to some $150,000 per unauthorized performance.
The Trump campaign, however, says the Hayes estate has “not even made a prima facie showing that they own the copyright at issue.”
The copyright has changed hands a few times, the article goes on to detail, and so one can reasonably construe that maybe Trump is trying to hold things up in litigation while he continues to use the song at will for the next two months. And then Trump’s lawyers go on to argue that it is the Estate of Isaac Hayes who are a bunch of liars.
“Plaintiffs’ complete omission of this fact, of which they are well aware, from the allegations of the Amended Complaint raise serious questions about not only the factual issue but their candor toward this Court,” the Trump filing reads.
The Moore declaration goes even further to support the Trump campaign’s claims — essentially arguing that Hayes himself was, at the very least, sometimes sympathetic to Republicans.
“I wish to bring to the Court’s attention that there is good reason for it to reject the presumptions suggested by the plaintiffs concerning the political views of Isaac Hayes,” Moore says. “In fact, during his life Isaac Hayes, my wife Joyce and I traveled to Columbia, South Carolina to perform at the 20th High School Reunion of Lee Atwater when he was Chairman of the Republican National Committee. Isaac also participated in an album project for Lee Atwater with Billy Preston, Chuck Jackson, Carla Thomas and myself. Isaac did not view Republicans or the Republican Party negatively while he was alive.”
I love this logic. Hayes did a gig at the high school reuninion of the then-Chair of the RNC so that indicates that he was pro-Republican? OMFG. So if I go down to the Venetian today and have lunch, then I’m pro-Republican, because Miriam Adelson owns it? Looks like.
In an email to Law&Crime, attorney James L. Walker, Jr., who represents the Hayes estate, said his clients were grateful the court granted the motion to request an emergency hearing.
“We look forward to seeing Mr. Trump and his representatives in Federal Court on September 3rd,” said Walker. “Thou Shalt Not Steal!”
Sounds to me like they’re not buying Trump’s argument and they’re ready to fight. And here’s an amusing addendum.
In a separate 11-page motion in opposition to the emergency injunction request filed on Sunday, Turning Point USA suggests it was improperly added as a defendant to the ongoing lawsuit.
In the lawsuit, Hayes’ estate accuses Turning Point of hosting six events during which the song was played without authorization.
“TPUSA did not host or sponsor Defendant Trump’s speech or appearance at any of the noted events,” the organization’s motion reads. “Plaintiffs also provide six (6) corresponding and functioning links to various websites that they claim support their allegations. None of these links, however, lead to any videos uploaded by TPUSA.”
See how they run, see how they run. We’ll update you when the court reaches a decision. Trump may have to double down on the sales of bibles and sneakers in order to pay yet another judgment. Or, he may be headed for BK number 7. Anything is possible.
NOTE: As I was writing this piece, news just rolled in that a federal judge told Trump to cease and desist from the use of the song. So much for being pals with Lee Atwater. :))
the guy who sings electric avenue sued trump in 2016. Judge hears them both in court friiiday!!
The judge in this case issued a temporary injunction prohibiting the campaign from playing the song while the case plays out.