Jill Biden has MAJOR LEGAL CLAIM against Trump…$100M!!

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The MeidasTouch Podcast 15 min 1 speaker 5 chapters transcribed 13 hours ago
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What legal claim does Jill Biden potentially have against Donald Trump?

Ben Meiselas 0:00
The transition process involving Donald Trump has been quite humiliating and quite messy to say the least. And now Donald Trump has handed our first lady, Dr. Jill Biden, a gift as she prepares to leave the White House. And that gift comes in the form of a potential $100 million lawsuit that she can choose to file against Donald Trump or Violating her right to publicity. She now has a legal claim or a legal cause of action against Donald Trump that is quite valuable. It has a few-year statute of limitation, so she doesn't have to file it right away. She can decide that ultimately she doesn't want to file this civil lawsuit against Donald Trump. Donald Trump would not get any immunity at all for a type of civil lawsuit.
Ben Meiselas 0:50
Like this, because it is before he takes office. Also, it's private in nature, so the Supreme Court's rulings would not apply to this. But here's what Donald Trump did that handed Dr. Jill Biden this uh $100 million lawsuit, in my opinion. He posts an endorsement, a fake endorsement of Dr. Jill Biden, of his fragrance that he's selling. He's selling get Trump. Fragrances.com. He's come up with a scent called, can you imagine? Anyway, fight, fight, fight is what the name of the scent is called. And he's selling cologne. And as part of his selling of the cologne, here's the advertisement that he made to try to monetize this cologne. Here are my new Trump perfumes and colognes. I call them fight, fight, fight because they represent us winning.
Ben Meiselas 1:45
Great Christmas gifts for the family. Go to get Trumpfragrances.com. Merry Christmas and Happy New Year. And then it's a photo of himself next to Dr. Jill Biden, and it says, A fragrance your enemies can't resist. Well, in addition to this being, as I said, Just humiliating for our nation that this is what Donald Trump is doing. Could you imagine like President Xi of China or Vladimir Putin or going more towards like our allies? Could you imagine, you know, uh the leader of the UK or Macron in France or uh whether it's uh in Canada or Mexico, whatever, selling fragrances? I mean. I mean, this guy is just a complete and utter snake oil salesman, but this type of fraudulent endorsement is called a violation of the right of publicity.
Ben Meiselas 2:42
And people have sued for violating their publicity rights before in situations very analogous to this one, and they've been awarded millions of dollars, or in some cases, in excess of $70 million. For this type of behavior. This is what's called a tort. It's a civil wrong for which she can sue for monetary damages.

How does Trump’s fake Jill Biden perfume endorsement violate the right of publicity?

Ben Meiselas 3:04
This is not to be confused with what Donald Trump was doing the previous week, where Gibson guitars sent Donald Trump a cease and desist letter for Donald Trump ripping off their guitar design. That's a trademark violence. Violation for which they have to protect their intellectual property and their guitar designs. This is another cause of action. And Dr. Jill Biden, let me be clear, she's not sent Donald Trump a legal demand yet. She's not filed this lawsuit yet. But I want to explain what this lawsuit would look like and why I believe this could be a hundred million dollar lawsuit in the event she decides to file a case against Donald. Donald Trump. This is from the National Law Review, which is a very reputable legal periodical.
Ben Meiselas 3:53
And it talks about your identity is your asset, the value of protecting your NIL rights. You ever hear that term? NIL? Name, image, and likeness. Now, let's talk more about that in a bit, but most states have what's called a common Common law cause of action for people who violate your right to publicity. So, in exact situations like this, where someone uses your image to sell their crap, they're not allowed to do that. They're not protected by the First Amendment because it's commercial. They're monetizing it. Um, and the law, even if it's not codified in a statute, recognizes a a right to sue on the basis of a publicity right violation. Now, the primary legal claim in such a lawsuit has four main elements.
Ben Meiselas 4:47
To win the right of publicity case, a plaintiff must generally show that the defendant, in this case Donald Trump won, used their name, image, or likeness, did so without consent, used it for commercial purposes, for example, advertising or product promotion.

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