Star Trek (RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS US Title 18)

You're not stretching your arms high enough towards the sky. Wait for it. Wait for it.





http://www.trektoday.com/news/030400_02.shtml


TREK TODAY


NO 'FIRST CONTACT' LAWSUIT

By Christian

April 3, 2000 - 10:22 PM

Cinescape is reporting that the U.S. District Court for the Eastern District of Virginia has dismissed a lawsuit against Paramount Pictures, which was brought on by the heirs of science fiction author William F. Jenkins. The heirs were apparently claiming ownership of the term 'First Contact', and were complaining over Paramount's use of the term in the 8th Star Trek movie.

Fortunately for Paramount, the court ruled that the heirs could not claim trademark status to the term, which was the title of a story written by Jenkins. Had the court ruled otherwise, the studio would have likely had to pay a large fine in reparation for using the term in both 'Star Trek: First Contact' and the many Trek episodes over the years that also featured the term.










http://www.chakoteya.net/movies/movie8.html

Star Trek: First Contact


DATA: He will make an excellent drone.

(Picard is taken by two drones)

[Phoenix cockpit]

LAFORGE: Plasma injectors are on-line. Everything's looking good. I think we're ready.

RIKER: They should be out there right now. We better break the warp barrier in the next five minutes if we're going to get their attention.

LAFORGE: Main cells are charged and ready.

RIKER: Let's do it.

COCHRANE: Engage.

LAFORGE: Warp field is looking good. Structural integrity is holding.

RIKER: Speed, twenty thousand kilometres per second.

COCHRANE: Sweet Jesus!

(Cochrane has spotted the Enterprise in orbit)

RIKER: Relax, Doctor. I'm sure they're just here to give us a send-off.










http://en.wikipedia.org/wiki/First_Contact_(novelette)


First Contact (novelette)

From Wikipedia, the free encyclopedia

"First Contact" is a 1945 science fiction novelette by Murray Leinster credited as one of the first (if not the first) instances of a universal translator in science fiction.


Legal action against Paramount Pictures

In 2000, Leinster's heirs sued Paramount Pictures over the film Star Trek: First Contact, claiming that as the owners of the rights to Leinster's short story "First Contact", it infringed their trademark in the term. The U.S. District Court for the Eastern District of Virginia granted Paramount's motion for summary judgment and dismissed the suit. The court found that regardless of whether Leinster's story first coined the phrase, it had since become a generic and therefore unprotectable term that described the genre of science fiction in which humans first encounter alien species. Even if the title was instead "descriptive"—a category of terms higher than "generic" that may be protectable—there was no evidence that the title had the required association in the public's mind (known as "secondary meaning")










http://www.imdb.com/title/tt0122151/quotes

IMDb


Memorable quotes for

Lethal Weapon 4 (1998) [ RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS US Title 18 ]


Lee Butters: You have the right to remain silent, so shut the fuck up, okay? You have the right to an attorney. If you can't afford an attorney, we'll provide you with the dumbest fucking lawyer on earth. If you get Johnny Cochrane, I'll kill ya!










http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States


Copyright law of the United States

From Wikipedia, the free encyclopedia

The Copyright Law of the United States encourages the creation of art and culture by rewarding authors and artists with a set of exclusive rights. Federal Copyright law grants authors and artists the exclusive right to make and sell copies of their works, the right to create derivative works


First owner of copyright

The author of a work is the initial owner of the copyright in it, and may exploit the work himself or transfer some or all the rights conferred by the copyright to others. The author generally is the person who conceives of the copyrightable expression and fixes it or causes it to be fixed in a tangible form.





http://en.wikipedia.org/wiki/Linguistic_description


Linguistic description

From Wikipedia, the free encyclopedia

In the study of language, description, or descriptive linguistics, is the work of objectively analyzing and describing how language is spoken (or how it was spoken in the past) by a group of people in a speech community. All scholarly research in linguistics is descriptive; like all other sciences, its aim is to observe the linguistic world as it is, without the bias of preconceived ideas about how it ought to be. Modern descriptive linguistics is based on a structural approach to language, as exemplified in the work of Leonard Bloomfield and others. Linguistic description is often contrasted with linguistic prescription, which is found especially in education and in publishing. Prescription seeks to define standard language forms and give advice on effective language use, and can be thought of as a presentation of the fruits of descriptive research in a learnable form, though it also draws on more subjective aspects of language aesthetics. Prescription and description are complementary, but have different priorities and sometimes are seen to be in conflict. Descriptivism is the belief that description is more significant or important to teach, study, and practice than prescription.










http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=200079690FSupp2d706_1735.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7


LEAGLE


HEIRS OF ESTATE OF JENKINS v. PARAMOUNT PICTURES

90 F.Supp.2d 706 (2000)

The HEIRS OF THE ESTATE OF William F. JENKINS, Plaintiff,

v.

PARAMOUNT PICTURES CORP., Defendant.

No. Civ.A.99-1766-A.

United States District Court, E.D. Virginia, Alexandria Division.

March 20, 2000.

Stanley Clinton Spooner, Nixon and Vanderhye, P.C., Arlington, VA, for plaintiff.

John F. Anderson, Richards, McGettigan, Reilly & West, P.C., Alexandria, VA, for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

In this trademark infringement action brought pursuant to section 43(a) of the Lanham Act, 15 U.S.C. § 1125, plaintiffs, the heirs of an author and owners of that author's work, claim that defendant's motion picture bears a title which is confusingly similar to the title of a short story published over half a century ago by the author. The summary judgment motion at bar presents, inter alia, the question whether plaintiffs may claim trademark protection in the title of a single expressive work, when the title is also the name of a science fiction genre.

I

Plaintiffs are the heirs of William F. Jenkins, a science fiction author who published works of fiction under the pseudonym, "Murray Leinster." Among Jenkins' work is the novellette1 "First Contact," the title of which is the subject of this litigation. Defendant Paramount Pictures Corporation produces, advertises and distributes television programs, movies, and related products.

In 1945, Jenkins, using his pseudonym, published "First Contact" in the magazine Astounding Science-Fiction. "First Contact," put simply, is a tale of mankind's first encounter with extraterrestrial life. Although many stories, books, and movies examine alien encounters with earthlings, Jenkins' short story is widely regarded as the prime example of this plot.2 In that regard, Jenkins' story has been reprinted in numerous anthologies since its initial publication in 1945, and in 1996, twenty-one years after Jenkins' death, the story was honored with a 1946 Retro-Hugo Award.3 In addition, perhaps as a result of Jenkins' story, a vast line of literature, movies, and nonfiction reports of alien encounters are described as "first contact" stories.

Defendant owns all of the so-called Star Trek properties. The Star Trek franchise includes nine motion pictures, four television series, and a large and extremely lucrative licensing and merchandising program. Defendant owns at least fifty registered trademarks related to Star Trek, which marks are licensed for use on a wide variety of merchandise, including books,

[ 90 F.Supp.2d 708 ]

toys, bookmarks, games, greeting cards, watches, clocks, software, and other goods. In total, defendant and its licensees have sold over $1 billion of Star Trek-related merchandise. Further evidence of Star Trek's ubiquity is found in a vast and mysterious Star Trek subculture, comprised of people who call themselves Trekkies or Trekkers. In short, through defendant's aggressive merchandising and the enduring popularity of the Star Trek television shows, movies, and books, STAR TREK has become one of the most famous trademarks in the world.










http://dictionary.reference.com/browse/thief

Dictionary.com


thief


a person who steals, especially secretly or without open force; one guilty of theft or larceny.










http://en.wikipedia.org/wiki/Organized_crime

Organized crime

Organized crime or criminal organizations are groups or operations run by criminals, most commonly for the purpose of generating a monetary profit. The Organized Crime Control Act (U.S., 1970) defines organized crime as "The unlawful activities of ... a highly organized, disciplined association...".


In order for a criminal organization to prosper, some degree of support is required from the society in which it lives. Thus, it is often necessary to corrupt some of its respected members, most commonly achieved through bribery, blackmail, and the establishment of symbiotic relationships with legitimate businesses. Judicial and police officers and legislators are especially targeted for control by organized crime via bribes.










http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=200079690FSupp2d706_1735.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7


LEAGLE


HEIRS OF ESTATE OF JENKINS v. PARAMOUNT PICTURES

90 F.Supp.2d 706 (2000)

The HEIRS OF THE ESTATE OF William F. JENKINS, Plaintiff,

v.

PARAMOUNT PICTURES CORP., Defendant.

No. Civ.A.99-1766-A.

United States District Court, E.D. Virginia, Alexandria Division.

March 20, 2000.


II

On a motion for summary judgment, the moving party must demonstrate that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Rule 56(c), Fed.R.Civ.P. The facts themselves, and the inferences to be drawn from those facts, must be viewed in the light most favorable to the nonmoving party. See Ross v. Communications Satellite Corp.,759 F.2d 355, 364 (4th Cir.1985). Summary judgment is appropriate when a party "fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett,477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The opposing party must do more than "simply show that there is some metaphysical doubt as to the material facts." Matsushita Electric Industrial Co., Ltd., v. Zenith Radio Corp.,475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Moreover, "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment." Anderson v. Liberty Lobby Inc.,477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In addition, in a case in which the nonmoving party bears the burden of proof at trial, as in this case, "Rule 56(e) requires the nonmoving party to go beyond the pleadings and by [his] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'"










http://www.chakoteya.net/movies/movie8.html

Star Trek: First Contact


DATA: Who are you?

BORG QUEEN (OC): I am the Borg.

DATA: That is a contradiction. The Borg have a collective consciousness. There are no individuals.

(the Borg Queen's head and shoulders descend from the ceiling)

BORG QUEEN: I am the beginning, the end, the one who is many.

(the head and shoulders lock into a cybernetic body and the Queen approaches Data)

BORG QUEEN: I am the Borg.

DATA: Greetings. ...I am curious, do you control the Borg collective?

BORG QUEEN: You imply disparity where none exists. I am the collective.

DATA: Perhaps I should rephrase the question. I wish to understand the organisational relationship. Are you their leader?










http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=200079690FSupp2d706_1735.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7


LEAGLE


HEIRS OF ESTATE OF JENKINS v. PARAMOUNT PICTURES

90 F.Supp.2d 706 (2000)

The HEIRS OF THE ESTATE OF William F. JENKINS, Plaintiff,

v.

PARAMOUNT PICTURES CORP., Defendant.

No. Civ.A.99-1766-A.

United States District Court, E.D. Virginia, Alexandria Division.

March 20, 2000.


III

To prevail on a claim brought pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125, plaintiffs must show (i) that FIRST CONTACT is entitled to trademark










From 3/16/1991 ( date hijacked from me:my first successful major test of my ultraspace matter transportation device as Kerry Wayne Burgess the successful Ph.D. graduate Columbia South Carolina ) To 3/20/2000 ( Estate of William F. Jenkins v. Paramount Pictures Corp. ) is 3292 days

From 11/2/1965 ( my birth date in Antlers Oklahoma USA and my birthdate as the known official Deputy United States Marshal Kerry Wayne Burgess and active duty United States Marine Corps officer ) To 11/7/1974 ( premiere US film "The Little Prince" ) is 3292 days



http://en.wikisource.org/wiki/Estate_of_William_F._Jenkins_v._Paramount_Pictures_Corp.


Wikisource


Estate of William F. Jenkins v. Paramount Pictures Corp.


THE HEIRS OF THE ESTATE OF WILLIAM F. JENKINS, Plaintiff, v. PARAMOUNT PICTURES CORP., Defendant.

Civil Action No. 99-1766-A

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION

90 F. Supp. 2d 706

March 20, 2000, Decided March 20, 2000, Filed

COUNSEL: FOR PLAINTIFF: Stanley Clinton Spooner, Esquire, Nixon and Vanderhye, P.C., Arlington, VA.

FOR DEFENDANT: John F. Anderson, Esquire, Richards, McGettigan, Reilly & West, P.C., Alexandria, VA.

JUDGES: Honorable T. S. Ellis, III, United States District Judge.

OPINIONBY: T. S. Ellis, III

OPINION:

MEMORANDUM OPINION

In this trademark infringement action brought pursuant to section 43(a) of the Lanham Act, 15 U.S.C. § 1125, plaintiffs, the heirs of an author and owners of that author's work, claim that defendant's motion picture bears a title which is confusingly similar to the title of a short story published over half a century ago by the author. The summary judgment motion at bar presents, inter alia, the question whether plaintiffs may claim trademark protection in the title of a single expressive work, when the title is also the name of a science fiction genre.



http://app.wmitchell.edu/Trademark/Home/Detailed/602


MITCHELL

Intellectual Property Institute


Trademark Litigation

Case Name : Heirs of Estate of Jenkins v. Paramount Pictures Corp.,

Date : 03/20/2000


Citation : 90 F.Supp.2d 706


Injunction Denied : True


Court : E.D.Va.


NotInfringed : True


Suit Basis : Infringement










http://www.imdb.com/title/tt0071762/releaseinfo

IMDb

The Internet Movie Database

Release dates for

The Little Prince (1974)

Country Date

USA 7 November 1974










http://www.chakoteya.net/movies/movie8.html

Star Trek: First Contact


[Enterprise-E corridor]

PICARD: If you see Commander Riker or any of my crew, give them this.

LILY: What is it?

PICARD: Orders to find a quiet corner of North America and ...stay out of history's way.

LILY: Well, good luck.

PICARD: To both of us.

LILY: You're not leaving are you?

PICARD: Lily, when I was held captive on the Borg ship, my crew risked every thing to save me. There is ...someone still on this ship, and I owe him the same.

LILY: Go and find your friend.

(the escape pods exit the Enterprise-E as Picard goes to engineering)

[Enterprise-E engineering]

BORG QUEEN (OC): What's wrong Locutus? Isn't this familiar?

BORG QUEEN: Organic minds are such fragile things. How could you forget me so quickly? We were very close, you and I. You can still hear our song.

PICARD: Yes, ...I remember you. You were there all the time. But that ship and all the Borg on it were destroyed.

BORG QUEEN: You think in such three-dimensional terms. How small you've become. Data understands me. Don't you, Data?

(Data is standing in a Borg cubicle)

PICARD: What have you done to him?

BORG QUEEN: Given him what he always wanted, flesh and blood.

PICARD: Let him go. He's not the one you want.

BORG QUEEN: Are you offering yourself to us?

PICARD: Offering myself? ...That's it. I remember now. It wasn't enough that you assimilate me. I had to give myself freely to the Borg, ...to you.

BORG QUEEN: You flatter yourself. I've overseen the assimilation of countless millions. You were no different.

PICARD: You're lying. You wanted more than just another Borg drone. You wanted a human being with a mind of his own, who could bridge the gulf between humanity and the Borg. You wanted a counterpart, but I resisted. I fought you.

BORG QUEEN: You can't begin to imagine the life you denied yourself.

PICARD: It's not too late. Locutus could still be with you, just in the way you wanted. An equal. Let Data go and I will take my place at your side, willingly without any resistance.

BORG QUEEN: Such a noble creature. A quality we sometimes lack. We will add your distinctiveness to our own. Welcome home, ...Locutus. ...Data, you are free to go.

PICARD: Data, go.

DATA: No. I do not wish to go.

BORG QUEEN: As you can see I have already found an equal. Data! Deactivate the self-destruct sequence.

PICARD: Data! No, don't do it. ...Data, listen to me.

COMPUTER VOICE: Autodestruct sequence deactivated.

BORG QUEEN: Now enter the encryption codes and give me computer control.

PICARD: Data! ...Data.

DATA: He will make an excellent drone.

(Picard is taken by two drones)



- posted by H.V.O.M - Kerry Wayne Burgess 06:34 AM Pacific Time Seattle USA Saturday 23 February 2013