UNBIASED - Week in Review: November 14-20, 2022
Episode Date: November 21, 20221. Texas Executes Tracy Beatty for 2003 Killing of his Mother (3:30)2. Twitter Employees Quit Following "Fork in the Road" Email (11:48)3. Elizabeth Holmes, Former CEO of Theranos, Sentenced to 11.25 ...Years (18:33)4. Nancy Pelosi Steps Down as Speaker of the House (24:21)5. Biden Administration Creates New Pathway for Discharging Student Loan Debt in Bankruptcy (26:12)6. Mariah Carey Denied "Queen of Christmas" Trademark (31:44)All links to sources can be found on www.jordanismylawyer.com.Follow Jordan on Instagram and TikTok @jordanismylawyer Learn more about your ad choices. Visit podcastchoices.com/adchoices
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You are listening to the Jordan is My Law podcast. This is your host Jordan and I give
you the legal analysis you've been waiting for. Here's the deal. I don't care about your
political views, but I do ask that you listen to the facts, have an open mind and think
for yourselves. Deal? Oh, and one last thing. I'm not actually a lawyer.
Welcome back to the Jordan is my lawyer podcast. We have six stories today. I have six stories for you. I don't know the last time we covered six stories, but the sixth story is something a
little bit more lighthearted, festive, getting us ready for the holidays, but still has to do
with the law. So before we get into the stories, I do want to just leave you guys a quick reminder.
You guys hear this often if you're avid listeners, but please just leave me a review if you can
on whichever platform you listen.
I absolutely love reading the reviews.
It makes my day.
But aside from that, it just helps my, just generally more than you know, because when
people, the hardest part is getting people to click on the show and actually listen.
So if they see good reviews, it helps me so much.
And I just got my most recent review.
It made me so happy.
I'll read it to you really quickly.
It says, I've been following Jordan since the beginning of her journey, and it is so
refreshing to see someone promoting civil discussion.
I believe most Americans just want the unbiased facts, and it is so refreshing to see someone promoting civil discussion. I believe most Americans just want the unbiased facts and it is so impossible to find in
today's divided America. I will always stand with those who promote unbiased fact. It is also great
to stay in the know. I love learning every Monday with Jordan. And you know, that just makes me so,
so happy because obviously when I'm achieving my goal of what I set out to do,
it makes me feel super accomplished, but it makes me feel even better knowing that you
guys are enjoying what I'm doing as well.
So that's great.
And then also I was giving some thought as to, you know, Thanksgiving's obviously coming
up this week.
And what is the one thing that we are told to avoid at the family table?
That is politics, right? What is the one thing that we are told to avoid at the family table?
That is politics, right?
And I just want you guys to keep in mind when you are at these family dinners or Thanksgiving celebrations, I want you to remember that although politics can be very divisive, there
is a way to have conversation without arguing.
It's hard to do, but it's possible.
And how do we do that is we do that
by talking about the facts. We leave our opinions out of it because at the end of the day, no one
cares what we think about anything. Everyone cares about what they think, right? And with that said,
you know, if an argument comes up, a good segue is, you know, I don't want to talk about this.
I don't want to get into a political argument, but I do recommend the Jordan is my lawyer podcast. She's very unbiased and she talks
about things in a nonpartisan way. So we can all kind of have a conversation about these things
without getting at each other's throats. Essentially, I'm always here to kind of
balance things out and allow you guys to have discussions that maybe you couldn't otherwise
have because before listening to me, it was hard to find out how to talk about things without interjecting a viewpoint. So just
keep that in mind. But with that said, let's get into the story number one of the day, which is
the most recent execution in the United States. On November 9th, Tracy Beattie was executed in Texas. He was executed by way of
the lethal injection. And in Texas, that lethal injection is pentobarbital. We've talked about
this a few times before, and the lethal injection really varies by state, right? Some states have three different drugs that go into the lethal injection. Some have four,
some have one. Texas only has one, and it is pentobarbital. Now let's talk about what Tracy
Beattie did. So in 2003, he was found guilty of strangling his mom. They had a violent,
tumultuous relationship. Things didn't end well, obviously, and he killed her.
Now, here's the thing. To qualify for the death penalty in Texas, you must be convicted of
capital murder, not just murder. So what sets capital murder apart from murder is that capital
murder tends to involve killing a police officer, killing a child, killing multiple people, or killing someone
while committing another felony. And because of this, the prosecutors argued that Tracy Beatty
killed his mom after breaking in and burglarizing her home. The problem is, though, that he lived
with her. So how do you prove that someone broke into a home where they resided
and burglarized the home? Because technically, if they live there, they have consent to be there.
So you can't really convict them of breaking in. So in order to show that he didn't have the
consent, they had a neighbor testify that his mom asked him to move out. Obviously, if his mom asked
him to move out, that would if his mom asked him to move
out, that would mean that he didn't have the homeowner's consent to be there and therefore
he was breaking in. But on the flip side of that, the defense had another neighbor testify that his
mom often asked him to move out. And, you know, after she would ask him to move out, he either
wouldn't move out or he would, but then he would
move back in shortly thereafter. So the purpose in having that testimony was to say, look, yeah,
maybe his mom asked him to move out, but that doesn't really mean anything. His mom always let
him come back. So the defense is painting the picture that her asking him to move out wasn't
really out of the ordinary. He always had her consent to come back, and this time wasn't any different. Now, Beattie himself gave several versions of the story over time,
but according to court records, he said that one night he came home drunk, they started fighting,
he choked her, and he didn't realize that she was dead until the next day. Now, although all of this
testimony is pretty contradictory, the prosecution's case was ultimately strong enough to get a guilty
verdict and he was sentenced to death. This surprises me just because the proof that his
mother had asked him to move out and he didn't have the consent to be there wasn't really super,
super strong. And I will, you know, okay, so the whole reason that him breaking it was important,
if I didn't clarify this already, is because remember, to be sentenced to death, you have to have committed capital murder, which in this case, the prosecution was saying that it was capital murder because he was committing a felony when he killed her, and that felony was breaking in because he didn't have the level of proof that they probably needed to get that guilty
verdict. But for whatever reason, the jury agreed with the prosecution. He was found guilty. He was
sentenced to death. He appealed his case many, many times. His death sentence was affirmed every
time. But what I found was interesting was one of the dissenting judges in 2009 wrote in her dissent
quote the evidence of entry without consent in this case is thin and the evidence of intent to
commit a felony theft or assault even thinner there is no doubt that BD killed his mother
the issue is whether the burglary was proven and thus whether the offense is capital murder
or murder end quote quote. Now,
remember, because if it's just murder, he can't be sentenced to death. So that's what the judge
in this case was saying. Now, obviously, because she dissented, that means that she didn't agree
with the majority opinion that affirmed his death sentence. But she's basically saying
the evidence isn't sufficient to affirmatively tell us whether or not this is
murder or capital murder. And for that reason, she didn't think his death sentence should be
affirmed. But the majority opinion in that same case noted that one of the neighbors testified
that Beatty had actually previously beaten his mother so bad and left her for dead. And that
goes to show his, you know, motive and who he is and all that stuff.
And in that majority opinion, they wrote, quote, a rational jury could infer that BD was angry
after his mother told him to get out and that he entered her house with the intent to assault her
or kill her or at least take some of her money and or her possessions, end quote. Now, the reason
that the majority opinion shed light on
what a rational jury could infer is because in order to overturn this conviction or reverse his
sentence, they had to find that a rational jury could not have agreed with the prosecution in
this case. But because they found that a rational jury could agree with the prosecution's case,
they were fine with affirming the conviction. The majority opinion also noted that when Beattie
killed his mom, he was out on parole after being released from prison months before.
And some of his charges then included injuring a prison guard, assaulting an 18-month-old child.
So it's very clear that this man was capable of doing what the prosecution said he did.
Now, in one of his appeals, his attorneys argued that one of the jurors actually knew BD's mom and never said anything, never mentioned it to the court.
And their argument was that that brought an unacceptable amount of bias to his verdict and his death sentence.
But the appeals court dismissed that argument.
They said it didn't meet the requirements for relief in a late appeal. They said that that discovery
could have been made way earlier and it could have been argued earlier. On another appeal,
his lawyers argued that the state's prison system didn't allow them to properly evaluate him for
possible cognitive defects or intellectual disabilities that would bar him from execution.
Because you can't be
executed, you can't be put to death if you are found to be a certain level of mentally disabled.
And in support of that argument, his lawyers said that when they sought the evaluations
to weigh a possible intellectual disability claim or mental competency, the Texas Department of
Criminal Justice refused to unshackle him for the exam and his lawyers say that this was atypical behavior and it prevented a full complete exam
they should have taken his shackles off but the federal courts declined to intervene they said
there was no justification that the appeal was anything other than a delay tactic and that a
mental illness could have been determined at an earlier stage. So similar to the other argument his lawyers
brought about the biased juror, they're saying, look, this is a very late stage appeal. All of
this could have been determined earlier, and therefore we are not getting involved. That
ruling was then appealed to the Supreme Court. The Supreme Court did not intervene, and he was
ultimately executed. Now, he was crying as he was executed. He said that he loved his wife.
He would see her when she got there, implying, you know, the afterlife. He thanked the inmates
on death row for encouraging him to get his life right. And according to the reports, once the
pentobarbital was injected, he took two deep breaths, mumbled something that was unclear, began to snore, and was pronounced dead 17 minutes later.
He didn't get a special last meal because Texas actually stopped doing that in 2011 when one of the inmates ordered a very, very large last meal and declined to eat any of it.
And after that, Texas said, nope, we are not doing this anymore.
And if you're interested in hearing that story, I did cover it in a previous episode. That would
be October 10th's episode, which is week in review, October 3rd to October 9th. So if you're
interested in hearing what the meal was and how the process went after the fact to stop doing that special meal request.
It is in that episode. Now that takes us to story number two, which is the mayhem that is Twitter.
So obviously there were some pretty big layoffs on November 4th when Elon laid off nearly 3,500 people following his takeover. But just this past week, a bunch of employees quit.
So when Elon laid off these 3,500 people on November 4th, he said that, look, this had to
be done because the company is losing $4 million per day. And actually, Jack Dorsey, the prior CEO,
made a statement basically saying, you know, he takes responsibility for Twitter's status, I guess, and like why all these people had to be laid off.
But on top of all of those people being laid off, this past Thursday, a bunch more quit.
And this is kind of how that worked.
So Elon sent an email out on Wednesday to his workforce.
The email was titled A Fork in the Road.
And he explained that Twitter
would need to be extremely hardcore if it wanted to succeed and that those who chose to stay should
expect long, intense hours of work. And those who left would receive three months severance pay.
But the deadline to choose was Thursday afternoon. So he gave people like literally 24 hours. Now,
as kind of a side note to that, before the end of the deadline on Thursday, a group
of Democratic senators actually sent an open letter to the FTC urging an investigation
of Twitter, saying that they were concerned that the company may be violating the terms
of a settlement with the agency stemming from past privacy violations.
And they wrote that Elon has, quote, taken alarming steps that have undermined the integrity and safety of the platform, end quote, which is interesting because of specifically because of the Twitter whistleblower incident. came forward and essentially laid out all of these things that were happening at Twitter
that were compromising the security of the platform and basically saying that it's just
not safe.
But now that Elon took it over, one of the things that he wants to change is making it
a safer place for user data.
And so it's interesting that now this group is urging the FTC to investigate Joe Biden and
Hunter Biden. And now, you know, you have the Democratic senators wanting the FTC to investigate
Elon and Twitter. All of these, quote unquote, investigations are going to eventually lose their
value if we keep doing this, right? We got to save these investigations for things that really
matter. So one of the former data scientists on Twitter's civic integrity team
who was laid off on December 4th said that these rapid changes that we're seeing risk compromising
Twitter's ability to deal with toxic content and are already disrupting its business. Now,
in saying that, about 150 of the 3,500 people that were laid off on November 4th made up Twitter's what they call curation team, which is in charge of, you know, adding the context and descriptions to news and events that are trending on the platform.
So you'll see sometimes when people make certain tweets, they're labeled misinformation or whatever, and they'll give authoritative sources that kind of address these misleading or false claims. That's what the
curation team is responsible for. Now, it's obvious to me why he got rid of that curation team,
because he already said he didn't trust Twitter's previous content moderation. That's why he wanted
to take over the company in the first place. He already said he's going to be implementing a new
moderation, like content moderation team. Obviously, that's going to take time. But people are worried saying that cutting back on content moderation can actually
get Elon into trouble with European regulators, specifically because European regulators are
known to be much stricter than regulators here in the United States, and that this could even
affect democracies around the world if this content isn't moderated. Now, here's what I have to say about this
transition and kind of like the chaos that we're seeing. The Twitter transition hasn't been easy,
and I don't know if anyone could have realistically expected it to be easy. I mean,
ever since he initially made mention that he wanted to buy it, it's kind of been back and
forth, right? He said he wanted to buy it, and then he didn't, and then he did, and then he didn't.
And then it became a court case.
And then the final decision to acquire Twitter was done kind of last minute because this
judge put a deadline in place that said, look, you have to choose by this day whether
or not you're going to acquire Twitter.
Otherwise, this is going to trial.
So the decision to acquire was
a little bit last minute. It didn't seem like there was a ton of time to ensure that the
transition went as smoothly as possible, because whenever you see any type of mergers and acquisitions,
obviously a ton of time and resources and money goes into ensuring that that transition is smooth.
Now, on top of that, any acquisition is going to be hectic no matter how many precautions
are put in place to ensure a smooth transition. Whenever there's a changing of the guards,
so to speak, it's not going to be easy, especially when you have a situation like this one where the
quote-unquote guards have two completely differing agendas. Now, obviously, Twitter can't survive without ad revenue. So
it's going to be interesting to see how this plays out over the next year or two, because
realistically, advertisers aren't going to want to advertise on such a rocky platform.
And I wouldn't be surprised if Elon became the next, you know, President of the United States
in the sense that everything he did was picked apart. We're already seeing it. The media is already coming for him. Every move he makes
is criticized. We're already seeing that. So are advertisers going to want to advertise on a
platform where the CEO, the person running the platform, is criticized so heavily. I don't think this is going to be an easy
task for him. I don't think the public's going to make it easy for him. I don't think the media is
going to make it easy for him. So it's going to be really interesting to see, you know, how this
works. Which brings us to topic number three of the day, Elizabeth Holmes being sentenced. Elizabeth Holmes, the founder and CEO of Theranos,
has been sentenced to 11 years and three months in prison, plus three years of supervised release
for the crimes she committed while running the company. If you
haven't already seen the Dropout series on Hulu or the documentary called The Inventor, Out for
Blood in Silicon Valley, I highly recommend both. It'll really give you insight as to what happened
with this company. But if you're not familiar with the story, let's recap it very briefly.
Elizabeth Holmes and her boyfriend, Ramesh Balwani, who's also known as Sunny, started this company called Theranos, which was supposed to run standard blood diagnostic tests with just a tiny drop of blood using this new machine that they invented, right?
The Theranos machine.
Now, the whole story with her boyfriend is weird, too.
She never really admitted that they were ever romantically involved, but it was clear that they were. They had a very odd relationship.
Elizabeth was the CEO. Sonny was the company's president and COO. The company started out great.
It was something that, you know, they both truly believed in, but then they couldn't get the
machine to work. The machine couldn't run the tests like they thought it could. And the whole
benefit of this machine was that, you know, when you go in for blood tests, they typically take
vials of blood, like multiple vials of blood. Well, their whole purpose was that they could
run those same blood tests, I think it ran like 200 plus tests or something, with just the tiniest
drop of blood, like a finger prick. But the Theranos machine didn't work like
they thought it would. Now, typically what you would do in that situation is get the machine to
work and be transparent about, you know, what's going on with the company. But these two didn't
do that. Instead, they just continually lied to investors. They told them that the machines could
run the lab tests, even though they couldn't. I think at one point they
even faked some test results. They lied that the company was profitable and that its technology
had been validated by multiple major pharmaceutical companies, which it hadn't. They even managed to
land a $140 million partnership with Walgreens because Walgreens was going to bring the Theranos
blood test inside of its stores. That partnership did not end up working out. But ultimately, the company collapsed in 2015,
and both Elizabeth and Sonny faced criminal charges. Now, Elizabeth was found guilty on
three counts of wire fraud and one count of conspiracy, based specifically on three different
investments in 2014. The first investment was a $38 million investment from
Brian Grossman, who is an experienced healthcare investor. The second investment was a $100
million investment from Betsy DeVos, the former U.S. Secretary of Education. And the third
investment was a $6 million investment from a man named Daniel Mosley, who was a prominent
estate lawyer. Despite being found guilty earlier
this year on January 3rd, her sentencing just took place on Friday. Now, obviously, we know she was
sentenced with jail time and supervised release, but the judge warned at her sentencing hearing
that this case should be a cautionary tale for startup founders who are willing to overhype
the capability of their products. And what he said was, quote, I suppose we step back
and ask, what is the pathology of fraud? Is it a refusal to accept responsibility or express
contrition in any way? Perhaps that is the cautionary tale that will go forward from this
case. He went on to say, this case is troubling on so many levels. What was it that caused Ms.
Holmes to make the decisions she did? Was there a loss
of moral compass? Failure is normal. Failure by fraud is not okay. Now, the judge also acknowledged
letters that were sent to the court in support of Elizabeth that basically, so these letters
were sent from supporters in an effort to reduce her sentence. But the letters basically explained that venture capitalists are
aware that startups fail. And when they make the decision to invest, they know that there is a high
probability that these startups will fail and that investors typically expect to lose 90% of the
money they invest. And their reason for explaining that to the judge was saying, look, what Elizabeth
did wasn't that bad, you know, because the venture
capitalists that invest, they already know they're going to lose their money anyway. So them losing
their money in this investment isn't really anything out of the ordinary. But the judge said,
quote, one thing that was missing from those letters is that the letters did not say anything
about nor did they endorse failure by fraud, end quote. Before her sentence was read, Elizabeth read a
statement to the courtroom, crying and saying in part, quote, I stand before you taking responsibility
for Theranos. I loved Theranos. It was my life's work. My team meant the world to me. The people I
tried to get involved with Theranos were the people I loved and respected the most. They wanted to
make a difference in the world. I'm devastated by my failings. Every day for the past years, I have felt deep pain for those people,
those who believe in us and those patients I worked so hard to serve. I gave everything I
had to try to build our company and save our company. Looking back, there were so many things
I would do different. I tried to realize my dream too quickly. I am so, with that, I really do believe she went into Theranos with great intentions.
I do.
But I think she just got greedy.
You know, you want to succeed, but you can't hurt others and deceive people to do so.
And that's going to come back and bite you most of the time right so that is elizabeth holmes
the end of a very long saga and her boyfriend or ex-boyfriend i should say sonny will be sentenced
at a later date he was already found guilty on his charges and his sentencing will come
in the future story number four is that nancy Nancy Pelosi steps down as Speaker of the House. On
Thursday, Nancy Pelosi stepped down as Speaker of the House in anticipation of Republicans
regaining control of the House. She'll continue to represent her California district in the lower
chamber of Congress, but she's not going to return to a leadership role in the future,
saying, quote, I will not seek not seek reelection to Democratic leadership in the
next Congress. For me, the hour has come for a new generation to lead the Democratic caucus
that I so deeply respect, end quote. She became the minority leader in 2003. She became the speaker
in 2006 when Democrats regained control. She returned to minority leader in 2010 and then
returned to the speaker's chair in 2019.
So she's had a long run.
She's actually the Democratic Party's longest serving House leader.
And like I said, she will maintain her seat in Congress until January 2025.
And that's a seat she originally took up in 1987.
So it's been a long time.
She will remain Speaker of the House until the next congress starts in january and at that point
it's likely we'll see republican representative kevin mccarthy become the new speaker he just won
the party's nomination to be speaker on tuesday but it won't be officially decided until january
when the new office comes in and holds the deciding vote now if you're interested in hearing
how the speaker is chosen and elected which i I actually learned a few new things, I included a link on my website to an article that breaks it all down.
It's a PBS News article, and it just explains, you know, how a new speaker is chosen, how they're
elected, when the deciding vote takes place, and I thought it was pretty interesting. So that is on
my website, jordanismylawyer.com. You just have to go to this episode's description page and then scroll down
to the bottom where the sources are, and you'll see under this story, there's a PBS News article
that, you know, talks about how the speaker is chosen. And that takes us to story number five.
So the Biden administration will make it easier to dismiss student loans in bankruptcy. On Thursday,
the Department of Education and the Department of Justice released new guidance on the pathway
for student loan borrowers to get rid of their debt through bankruptcy.
Now, you might be wondering why this is news, and it's basically because up until now,
borrowers had to prove what they call undue hardship to have their student loan debt
discharged. They still have to prove undue hardship, but it's like there's a different
pathway, so to speak, and I'll get into it. But the undue hardship is a pretty hard standard to meet. And in order to meet it, borrowers would basically have to show
that one, they cannot maintain a minimal standard of living. Two, their circumstances are not likely
to improve. And three, that they've already made a good faith effort to repay their debt and they
can't. So let's talk about the new process.
According to a fact sheet released by the Department of Justice and the Department of
Education, which is linked to my website, they say that basically while the bankruptcy
judge makes the final decision whether to grant a discharge, the Justice Department
can now play an important role in that decision by supporting discharge in appropriate cases.
And under the
Justice Department's new process, debtors will complete an attestation form to assist the
government in assessing the discharge request, and the Justice Department, in consultation with
the Department of Education, will review the information provided, apply the factors that
courts consider relevant to the undue hardship inquiry, and then determine whether to recommend
discharge. And they say that
even where the applicable factors may not support a complete discharge, where appropriate, the
Justice Department will consider supporting a partial discharge. Now, it kind of sounds to me
like all that's really changing is now the Department of Justice and the Department of
Education applies the undue hardship test and then hands it off to the court with a recommendation. So it's almost
like an extra hurdle in some instances, but I can also see where some would benefit where these
departments suggest a discharge because maybe a recommendation from these governmental departments
holds more weight in court and a bankruptcy judge is more likely to grant it. The fact sheet goes on
to say that
the Department of Justice attorneys will assess the undue hardship factors in the following manner.
So now they're going to take into account the present ability to pay, which is very similar
to that first factor we talked about, you know, the can't maintain a minimal standard of living
factor. So the attorneys for the DOJ will basically calculate the debtor's expenses and compare them
with the debtor's income. And if the expense is equal or exceed the income, then the department
will determine that the debtor lacks a present ability to pay. And that will go into the undue
hardship test. Now, the second factor that the Department of Justice attorneys will consider
is their future ability to pay. So again, this is just like that second factor we
discussed earlier, you know, the circumstances aren't likely to change. So in this case,
the department will presume that a debtor's financial circumstances are not likely to change
if certain factors are present. When those certain factors aren't present, the Justice
Department attorney will assess the facts showing whether the debtor's present inability to pay is likely to continue. And those factors include retirement, age, disability,
chronic injury, protracted employment history, lack of degree, or extended repayment status.
And the third and final factor that the Department of Justice attorneys will assess
is good faith efforts. So again, very
similar to that third factor we discussed earlier in the undue hardship test, and that is that the
Department of Justice will focus on objective criteria reflecting the debtor's reasonable
efforts to earn income, manage expenses, and repay their loan. So for example, they'll consider
whether the debtor contacted the Department of Education or their loan servicer regarding payment options for the loan and, you know, try to figure out a different
plan. And basically, whether or not they made a good faith effort, that's what it all boils down
to. According to the Department of Justice and Department of Education, the new process will
help ensure transparent and consistent expectations for the discharge of student debt in bankruptcy.
It'll also reduce the burden on debtors of pursuing proceedings, and it'll make it easier for Justice Department attorneys to identify cases where discharge is appropriate. So still,
the bankruptcy judge has the final say. Again, this sounds like an extra step, but it could also
benefit some people because bankruptcy proceedings and really just
court proceedings in general can be a bit intimidating. So it may just make things easier,
you know, going through the Department of Justice or Department of Education.
Both the Department of Justice and Department of Education said that they will continue monitoring
how the reforms play out, and they'll assess the effectiveness of their guidance after the first
year and beyond as warranted. And as I'm sure you could have guessed, this only applies to federal student loan
borrowers, which means that those with private debt don't have the same opportunity for relief.
I do foresee a lawsuit coming. Obviously, the government can't recommend, or I wouldn't think
the government could recommend a discharge of a private loan, right? If you hold your loan with, let's say, Bank of America, I can't imagine
the government could recommend that a judge discharges that debt. I don't think they have
the authority to do that, but still you're giving an opportunity for relief to certain loan borrowers
and not others. So I don't know. We'll see how this plays out, but I do see a lawsuit coming. Now our sixth and final
story is a short story and it's also just a little bit lighthearted compared to everything else and
kind of fits in with the holiday spirit. So last week it was determined that Mariah Carey will not
be the official queen of Christmas. The trial trademark and appeal board rejected Mariah Carey's trademark request to become the one and only Queen of Christmas. Last year, Mariah Carey filed a
petition to trademark that name so no one else could use it. I guess her company, Lotion LLC,
they sell various products, perfumes, makeup, clothing, jewelry, all of the above, etc. They
wanted to use this Queen of Christmas name for branding purposes,
and that's according to the trademark applications, but two other artists fought it. One of them was
Darlene Love, who says that David Letterman christened her the Queen of Christmas nearly
30 years ago. And the other one was Elizabeth Chan, who describes herself as music's only
full-time Christmas singer-songwriter.
So Elizabeth Chan filed her motion in opposition earlier this year,
arguing that she herself had repeatedly been dubbed the Queen of Christmas,
she had already used the brand Princess of Christmas in connection with her young daughter,
and basically that Mariah Carey could not coin this name.
Mariah's attorneys actually never responded to
Chan's objection, and the trial trademark and appeal board rejected Mariah's request.
Following the judgment against Mariah, Chan's attorneys called the win a complete victory,
saying in part that, quote, Mariah Carey's company was engaged in classic trademark bullying,
trying to monopolize the
title Queen of Christmas with a trademark registration. Now because of what Elizabeth
did, nobody can claim exclusive and permanent rights to the Queen of Christmas title, end quote.
And that is our final story. And with that, that ends the episode. Thanksgiving is a few days away
and I really hope you guys have a great Thanksgiving whether you're spending the day by yourself
You have to work you're enjoying the day with the family whatever you're doing. I hope you enjoy your day
I hope you enjoy your weekend and the rest of your week and I will talk to you on Monday