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A new development in the Rick Ross name lawsuit surfaced yesterday.
A Los Angeles county court judge has thrown out the trademark infringement case brought by infamous drug trafficker "Freeway" Rick Ross against rapper Rick Ross, TMZ reports.
Ross (the rap star) was born William Roberts, which in comparison probably isn't as catchy as his stage name.
"I should've filed a lawsuit while I was in prison," "Freeway" Rick said.
"Freeway" Rick (aka the original Rick Ross) claims his trademark name lawsuit was dismissed on a technicality.
Freeway Rick may not have the legal training to make such a pronouncement, however.
The judge ruled that the convicted drug kingpin's case was filed after the two-year statute of limitations for his case was up.
In the world of lawsuits, not getting your case in court within the specified timeframe can leave you with little or no recourse. However, most states have laws that allow courts to hear a case even after the statute of limitations has run.
That exception is generally known as "tolling." In essence, tolling stops the statute of limitations from running out based on some intervening circumstance.
Not being able to discover an injury, mental or physical incapacity, or a new repeat injury are just some of the reasons a court will toll the statute of limitations.
"Freeway" Rick's argument was based on the third one. He claimed that Robert's committed a new trademark infringement every time he used his stage name. He basically claimed that his case was still within the statute of limitations.
The judge didn't agree.
This is the second time "Freeway" Rick's trademark lawsuit has been thrown out by a court. The first time was in November 2010 due to lack of evidence.
For now, Roberts remains free to use the Rick Ross name. That is, until "Freeway" Rick regroups and files lawsuit number three.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.