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Published: Sunday, June 04, 2017 @ 5:08 PM
Danielle Bregoli, 14, her mother Barbara Ann Bregoli and their company, Dani B Holdings LLC, filed a trademark lawsuit Thursday against companies and two individuals who worked to develop and published two mobile applications under Anonymous Games Inc. called “Cash Me Outside” and “How Bout Dat,” according to the complaint.
The suit, which was filed in U.S. District Court in South Florida, seeks at least $1 million in damages, asserting that the Bregolis are entitled to an award of all gross revenue received directly or indirectly from the game.
Barbara Ann Bregoli appeared on a “Dr. Phil” episode filmed live in September saying, “I want to give up my car-stealing, twerking 13-year-old daughter who tried to frame me for a crime.” Danielle, 13 at the time, said, “Cash me outside, how bow dah?” after the audience made remarks and gestures toward her. According to the complaint, the phrase means that if the audience wanted to continue mocking her, they could confront her outside and off-camera.
After the episode, her phrase became a cultural phenomenon and the girl and her mother retained business managers who helped them form Dani B Holdings to make money from selling her catchphrase on merchandise, public appearances, television appearances and marketing opportunities. She’s also appeared in music videos and has more than 10 million Instagram followers.
However, Dani B Holdings LLC didn’t file to trademark “Cash me outside, how bow dat?” until May 3, according to the U.S. Patent and Trademark Office’s online records.
In addition to Anonymous Games Inc., the complaint accuses former owner Josiah Jenkins and current owner Matthew Gruettner, along with two other companies: Appnoxious LLC and Squad Social LLC. The complaint says “Cash Me Outside” is an “exceedingly simple and completely unoriginal game” which is free but collects revenue from advertisements and “in-app purchases.” The complaint also alleges that the app uses Danielle’s voice saying her catchphrase and uses an avatar resembling her.
As of Sunday, Anonymous Inc. had changed the name of the app to “Get Cash Outside” and no longer has the second app “How Bout Dat,” according to the Apple Inc. iTunes application store. The objective of the game is to make the character run and jump over obstacles to collect “bands of cash.” The app also took out her phrase and instead the character now says, “That’s lit.” The app had reached No. 1 downloaded game nationally on the iTunes store, the complaint said.
The complaint states that the Bregoli’s representatives contacted Jenkins and came to an oral agreement on Feb. 6 that the company would pay them $75,000 in total followed by a 50 percent revenue split on the game. But following the agreement, Jenkins “repeatedly made excuses for his delay” and stopped responding to phone calls. On Feb. 17, the second app “How Bout Dat” was published.
After the Bregoli’s representatives said they would seek legal actions against the company, Gruettner contacted them via email saying he was the actual developer of the “Cash Me Outside app” and Jenkins was his former business partner. Gruettner said he had ownership of the “code and assets” for the app and wanted to make an agreement with Danielle and her company. But he also stopped responding to all communications, the complaint said.
Gruettner told The Palm Beach Post on Sunday that he is the sole owner of Anonymous Games, and the other companies named in the complaint and Jenkins were never involved in making the game.
He said he expects the case will be dismissed immediately because his game was approved on Jan. 27, more than three months before Dani B Holdings LLC filed for the trademark. Gruettner said he hasn’t filed for a trademark for the game and usually makes games based on trending topics. He changed the name of his game in April after he learned the Bregolis filed for a trademark.
Published: Thursday, April 19, 2018 @ 8:30 AM
LAKE COUNTY, Fla. — A gopher tortoise covered with red spray paint and concrete was discovered near Montverde, the Florida Fish and Wildlife Conservation Commission said Wednesday in a Facebook post.
A pair of good Samaritans spotted the tortoise, which had concrete on its shell and limbs, in the middle of County Road 455 and took it to a wildlife rehabilitation center, officials said.
"It is both illegal and very harmful to the health of a gopher tortoise to apply man-made substances, such as paint or concrete, to any part of their body or shell," the post said.
"Removing paint and concrete from gopher tortoises without harming it is a challenging process that causes the animal stress," the post said. "Applying substances like paint on tortoises can inhibit their ability to absorb vitamins from the sun’s UV rays through their shells, has the potential to cause respiratory problems and can lead to harmful chemicals being absorbed into their bloodstream."
Anyone with information about the incident is asked to call FWC at 888-404-3922 or email the agency at email@example.com.
Tipsters may remain anonymous and could be eligible for a reward.
Published: Thursday, April 19, 2018 @ 9:52 AM
— Thousands of students across the country are set to walk out of class on Friday, the 19th anniversary of the shooting at Columbine High School in Colorado.
More than 2,500 groups have signed up for the “National School Walkout,” a student-led protest aimed at bolstering the discussion about gun-control measures.
Lane Murdock, a high school sophomore who started a Change.org petition suggesting the walkout, said keeping the momentum of the national “March for Our Lives” movement strong was important to her and that, “Our generation is demanding change and won't be ignored or swept under the rug."
March for Our Lives grew out of the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Seventeen people died in the Feb. 14 shooting.
Murdock told National Public Radio that the protest is “not conservative or liberal. It is just about making sure our children don't get harmed in school and we don't live in a community and in a country that has institutionalized fear. I think we're all sick of it. That's why we're doing this."
Murdock goes to a Connecticut high school about 20 minutes away from where Sandy Hook Elementary School once stood. The Newtown, Connecticut, school was the site of a mass shooting in 2012 where 26 people – mostly 6- and 7-year-old children – were killed.
Here’s what you need to know about Friday’s National School Walkout.
When is the National School Walkout?
The walkout is set for Friday and starts at 10 a.m.
What is the walkout about?
Students are protesting “congressional, state, and local failures to take action to prevent gun violence,” according to the National School Walkout website. They are asking lawmakers to support:
What will happen?
Students across the country will walk out of their schools at 10 a.m. local time and pause for 13 seconds of silence – one second for everyone killed at Columbine High School on April 20, 1999.
After that, organizers are encouraging students not to go back to school, but to stay out the entire day. They are telling students to hold rallies and letter-writing campaigns or other activities around the day.
How do you participate?
Since organizers are suggesting that students walkout of school for the day, the event is geared more toward high school students. More than 2,500 schools in the United States have registered their intention to participate in the walkout. Not all groups registered are high schools.
Organizers have compiled a guide with suggestions for activities and a link to resources including legal rights and safety tips.
Published: Thursday, April 19, 2018 @ 2:06 PM
— Two black men arrested in a Philadelphia Starbucks last week after the coffee shop’s manager called 911 to report them for trespassing spoke publicly for the first time Thursday.
Police detained the men after Starbucks employees said the pair was denied the use of the store’s bathroom and refused to leave, police Commissioner Richard Ross said.
Rashon Nelson and Donte Robinson told ABC’s “Good Morning America” that they were arrested while waiting to meet with a potential business partner at the Starbucks at 18th and Spruce streets. They said they arrived 10 minutes early for their scheduled 4:45 p.m. meeting. A manager called 911 to report that the men were refusing to leave at 4:37 p.m., according to “Good Morning America.”
FULL INTERVIEW: "This is something that has been going on for years...everyone is blind to it." Rashon Nelson & Donte Robinson, the 2 black men arrested at a Starbucks in Philadelphia, speak out exclusively to @GMA: https://t.co/0MwL2JMNU5 pic.twitter.com/Le3nnzbOKw— World News Tonight (@ABCWorldNews) April 19, 2018
Robinson said he didn’t believe officers were at the coffee shop for him and Nelson when he first spotted them last week. Nelson said it became apparent when the officers asked them to leave.
“There was no question of, you know, was there a problem here between you guys and a manager? You know, what happened?” Nelson told “Good Morning America.”
The men said they were not read their Miranda rights before they were handcuffed and put in the back of a police car. A bystander recorded footage of the arrests that was later posted on social media, sparking criticism and raising questions of racial bias.
“This is something that has been going on for years and everyone’s blind to it, but they know what’s going on,” Nelson said. “It’s not just a black people thing, this is a people thing. And that’s exactly what we want to see out of this … true change.”
Starbucks CEO Kevin Johnson apologized to the men in a private meeting with them Monday, a Starbucks spokesperson told CNN. The spokesperson declined to elaborate on what took place during the meeting.
Starbucks Executive Chairman Howard Schultz apologized Wednesday morning for the incident in an appearance on “CBS This Morning.”
Johnson apologized for the incident in a statement Saturday and pledged to investigate.
More than 8,000 Starbucks stores will be closed nationwide May 29 for a one-day training aimed at educating employees about racial bias. Company officials said nearly 175,000 employees across the country will receive the training, which will become a regular part of the company’s onboarding process.
Johnson said Tuesday that the planned racial-bias training “is just one step in a journey that requires dedication from every level of our company and partnerships in our local community.”
“While this is not limited to Starbucks, we’re committed to being a part of the solution,” he said.
Published: Thursday, April 19, 2018 @ 6:23 PM
— Former New York mayor and major Trump supporter Rudy Giuliani is joining President Donald Trump’s legal team, according to news reports.
Giuliani, one of the first and one of the staunchest supporters of Trump’s presidential bid, will be assisting Trump’s legal team with the Russia investigation, according to CNN.
Trump is said to be extremely upset with the investigation by special counsel Robert Mueller and has called it a “witch hunt” on numerous occasions.
Trump’s personal attorney, Jay Sekulow, confirmed the addition of Giuliani to the team and also announced two former prosecutors, Marty Raskin and Jane Serene Raskin, are joining the team, as well, CNN reported.
The move follows an FBI raid on the home, office, and a hotel room of longtime Trump personal attorney Michael Cohen last week and the revelation that Cohen is under criminal investigation.
Deputy Assistant Attorney Gen. Rod Rosenstein, who is overseeing the Mueller investigation, signed off on the Cohen search warrant.