Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!

Tabberone Logo
The latest Hartsel weather.

  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke



Frank Venezia Jr
Hall Of Shame Member
Added June 6, 2014


Last updated - June 16, 2014

We wanted to list Frank Venezia under "A" for asshole but for those trying to find him, and what rational being would want to, we decided to list him under "V". Damn those pesky details.

The original cause for adding Frank Venezia to these pages was his inane attack claiming copyright infringement and defamation. After some reading of his Facebook page we have concluded he is also a left-wing nut whose main source of information is CNN, MSNBC and other leftist blogs that do not let facts get in the way of misinformation. And, he is a great thinker, in his own mind. The voices keep telling him so. New Jersey voices.

We generally do not comment upon individuals on these pages but there are a few. Not only will we deconstruct Frank Venezia's very flawed claims of copyright infringement and defamation, but we will also deconstruct some of his left-wing nut rants. This really will not be fair because we are taking on what we consider to be an intellectually challenged individual whom we regard as a phony and a bully with a vapid vocabulary. Unlike Frank Venezia, we quote reliable sources, not his Garden State Fantasy. Bullies usually have an inflated opinion of themselves.


The Beginning
It appears that Frankie got into a Facebook spat with someone who knew him personally and whom he obviously did not like. The exchanges resulted in the woman making screen shots of his posts and she posted these screen shots on her Facebook page after Frank, in what appears to be a rare moment of sanity, deleted the posts from his Facebook page. Our boy Frank then did something rash. He began making threats of action for her alleged misuse of his not-so-intellectual property. She asked us for our opinion. Everyone is entitled to our opinion. We should point out that Frank does not understand the communication concept that paragraph breaks make for easier reading. Comprehension does not seem to be one of Frank's strong points. For some reason Frank believes cursing and name-calling is an effective method of communication. From Frank's Facebook page, April 15, 2014:

Frank Venezia

I've said all I have to say to you. Why would anyone care to argue with a rotten tree stump...which is basically what I'd be arguing with in you. You are so mind-numbingly ignorant of everything you rant about. You don't even know the most basic progression of the very healthcare law that you so dumbly criticize for 'not being affordable (i.e. how the Dems fought for weeks for their first option, a "Single Payer System" {which would have brought very low federal premiums...a Medicare-like federally-run plan}, then had no choice but to concede down to an inferior "Public Option" {still good...competition from the Gov't. - a public "option"} due to zero GOP support, then had to conceded down yet again to "Medicare at 55", then had to concede down to the greatly watered down plan we got in the end.....all because no Republicans would vote for the better structures. Ignorant people {Tea Party type supporters most notably...all the types of equally dumb "friends" whose posts you pasted} chronically argue about things that they never followed play out in Congress, etc. NASCAR races, Duck Dynasty and drinking cases of beer were obviously more important! {Ya know...it was right there on CNN and CSPAN everyday for months! . . . Where were you...posting your dumb shit on Facebook? Uhh, yes, that would be my bet!} As for you using my name and likeness without my permission (quite the contrary since I asked you not to) thank you...awesome!!!!!!!! I have all I need now, ESPECIALLY with other people replying, meaning other people saw my name! Talk about falling into a trap!!!!!!! This after you hacked onto my page in the first place to start this entire rally! I asked you in a written request to not use my name and likeness and you continued to do so. You will now deal with the consequences of your stupidity. Facebook is the new "public square" and when you libel someone formally in the public square you are indeed ripe to be found to be guilty of libel...

To recover in a libel or slander suit, the plaintiff must show evidence of four elements: that the defendant conveyed a defamatory message; that the material was published, meaning that it was conveyed to someone other than the plaintiff; that the plaintiff could be identified as the person referred to in the defamatory material; and that the plaintiff suffered some injury to his or her reputation as a result of the communication.

You covered all four bases! Got it all, THANK YOU!!!!!!!!!!!!!!!!!!!! (And since my post never stated it was about you my post was not defamatory to you, but since you reposted it to an audience that I did not choose or approve, your re-post was defamatory to me. See how that works Ms. Easy Bait? The other 3 qualifiers are slam-dunks!

[emphasis added by us]


WOW. The voices are working overtime in Frank's Little Universe. Eight direct insults (rotten tree stump and mind-numbingly ignorant are just so-o-o devastating). One general rule of debate is that when one party cannot debate the issues, usually it will be the self-righteous liberal "genius", that party will resort to name-calling and accusation and abandon the real issues. Frank's defensive claims are all bogus. He admits that all of his information appears to come from "CNN and CSPAN", which are hardly a Mecca of un-biased and accurate information. CNN's credibility, along with the credibility of MSNBC and HLN, is lower than Joe Biden's IQ. The ratings of the two networks combined are lower than whale crap.

Where to begin? Let us start in order with the lies about "healthcare". We call them lies because we do not believe that anyone with even a small amount of intelligence would repeat such obviously false statements except on purpose.


"Healthcare Lies"
Conveniently overlooked by delusional lefties is the fact that after the 2008 election the Democrats had absolute control of the Senate, House of Representatives and the White House. The Democrats did not need, nor did the Democrats seek any Republican support or input for the Affordable Care Act ("ACA"). The ACA passed BOTH houses of Congress without a single Republican vote and with NO Republican input. Remember Nacy Pelosi's famous quote that Congress would have to pass the act to find out what was in the ACA?

The Democrats in Congress did not "concede down" to anything. They dictated absolutely what would be in the law. The Republicans in Congress were unable to prevent anything as alluded to by the voices Frank hears. No Republican votes were needed to pass any legislation. Only Democrats voted for the ACA. Frank's Lie #1.


"Copyright and Defamation Lies"
Now, on to the "using my name and likeness", the primary reason for him being added to the Tabberone Trademark and Copyright Abusers' Hall Of Shame.

No one needs Fast Frankie's permission to use his name and likeness unless it is being used for commercial purposes. The First Amendment pretty much covers those two. It would be impossible for a newspaper to run any story without getting permission to use names and/or photographs in Frank's World. But the world revolves around Frank? Doesn't it? Read his posts. If you do, we believe you will agree with our opinion that Frank is a nut case. Frank's Lie #2.

Dialogue criticizing him, or anyone else, is protected speech and using written material of his as part of the dialogue is fair use under copyright law. The fact he "asked her not to" is not relevant and nor is it legally persuasive. She was making screen shots to highlight the conflict and support her defense of instances where he verbally abused her by name-calling, which he appears to do a whole lot. He actually admits to calling her a "dyke", or "dike" if you prefer. His justification for doing so was:

As a quick aside, you asked me why I called you a "dike" if I support gays so much? That's because I was talking to you in your language...

Yike! He called her a Dike!

Can't you just see him as a member of the Village People singing and dancing to "Macho Man"? He just oozes masculinity. And he just oozes sleaze. And he just oozes being a hypocrite. When "dyke" is used as a derogatory term by the many liberal pretend-to-be supporters, it shows their true colors. But only conservatives can be held accountable for what they say. Liberals excuse themselves because they did not really mean it. He appears to be just another liberal bigot.


"The Four Elements"?
Sounds like our boy Frank fancies himself to be an attorney. In his great mind he understands ALL. But, the truth is an absolute defense to defamation. It always has been. Posting what someone said, or what they wrote, is not defamatory to the person who said it, or wrote it, even if that person does not want it posted.

A "defamatory message" must be a false utterance or a false written conveyance. The material certainly was published but "Frank's element" #1 negates "Frank's element" #2 because the communication was not false. As for injury to Frank's reputation, that has to be proven, not just asserted, and generally some sort of financial loss must be proven unless the defamation is about the loss of ones virtue or having committed a crime when no crime was committed. We doubt that Frank would be considered very virtuous based upon the vile statements he makes above. We lack enough information to think he has committed any crime. Show us the damage, Frank. Frank's Lie #3.

The last paragraph is more like a circular firing squad than an affirmation of his imaginary victory. The problem Frank has is HIS interpretation of defamation under New Jersey Law. More accurately:

Elements of Defamation

In New Jersey, the elements of a defamation claim are:

  • a false statement about the plaintiff;
  • communication of the statement to a third party;
  • fault of the defendant amounting at least to negligence; and
  • damages suffered by the plaintiff.
See DeAngelis v. Hill, 847 A.2d 1261, 1267-68 (N.J. 2004).

New Jersey courts require the plaintiff, in this case Frank, to show that the defendant was at least negligent. Since the information in question originated with Frank, was written by him, and then posted on a public forum by him, he would have to prove she published the information knowing that the statements were false or recklessly published disregarding their falsity, but they were not false. They were not fabrications. And there is NO requirement that permission be sought to re-post public statements from an individual. Frank's Lie #4.

He did not stop there. After they exchanged a few messages concerning "libel":


Frank Venezia

The "truth" as you call it were my statements to my private audience. You have repeatedly trolled onto my page and stolen what I posted and then reposted (with screen-shots showing my name) onto your page. You cannot do that. You did it specifically to create a libelous situation and that's how it will be treated by the law. I already spoke to my lawyer about this today...in intricate detail at that. He said that from what I am explaining to him it does meet the standard of libel. I will put this man up against any attorney you can find. You will lose!!! You wanted a fight, YOU GOT ONE!

There is no expectation of privacy on Facebook. It is a PUBLIC forum. Any one can enter Frank Venezia into the Facebook search and see that, as of this posting, there are three different Frank Venezia pages, one in Indiana and two in New Jersey. Anyone can see his page. Perhaps not all of his postings, but a lot of them. According to his Facebook page, Frank has 213 "friends", but we think that 188 of them are actually the voices in his head. You can see posts dating back to 2009 when he started his Facebook page. And once you see his "likes" we think that you will agree with our opinion that he is a left-wing nut-job.

When Frank spoke to his "lawyer", either Frank misrepresented the facts (perhaps the voices in his head were distracting him) or his lawyer is an idiot because there is no case for defamation or libel.

Nut-Job Personified
We think he is a certified nut-job based upon the following rant, among other rants and other posts we will show you. We do not have all of his posts as it seems that after the beginning of February he started deleting posts. Temporary sanity?

Frank Venezia 18 hours ago · Edited

[This dedicated to an idiot redneck witch who shall go unnamed.] Only people who are utterly mindless idiots could find across-the-board, non-substantive fault with a federal program to make healthcare affordable to all the country's citizens. Ironically this idiot is on Medicare...a federal healthcare program!!!!!!!! And she knows her claimed "best friend" can't afford healthcare! (Starting to make sense now???) 99.5% of the people I've heard 'viciously' attack the president for this program are simply Ted Nugent-like racist morons...socially and intellectually inferior bigots! They're the same breed who were vehemently against Social Security (but now happily collect it), Medicare (ditto), and desegregation (the issue behind all their issues!). They need guns because they are paranoid little people who are afraid of everything and anything not just like them. They are typically blue collar workers who vote Republican and actually empower the very mega corporations who've kept them oppressed their entire lives....but they are FAR FAR too stupid to remotely understand that! They are the people whose asses we - this great country - kicked the shit out of in the Civil War...low educated racist rednecks who don't have the mental or social aptitude to see past their own deep insecurities. Let's call a spade a spade...this country and the world be a much better place without these Neanderthal knuckle-draggers in it! If only we would've given them the South and let them go extinct! We as a society would be so much further along at this point!

[emphasis added]
[the "edited" statement at the top means Frank edited the content, not us]


Neanderthal knuckle-draggers? Is that not defamatory to Neanderthals? There is no evidence they dragged their knuckles.

Eleven insults (32 words) in a rant of 254 words. One out of every twenty words. Is there an anger-management issue here? Socially he earns a living renting properties he owns (inherited?) and selling monuments on-line. This qualifies him to proclaim that anyone who lives below the Mason-Dixon Line should be eradicated? Or is it only those with whom he disagrees? Which appears to be an awful lot of people. And anyone who disagrees with him is a "Neanderthal"? He strikes us as being bat-shit crazy.

Those who resort to repeated name-calling as an integral part of their dialog exhibit “deep insecurities” because they feel they must insult the object of their vitriol as a distraction from their inability to intelligently debate the issue. And Frank has some deep-seated insecurities which he exhibits in his rants. People like this tend to be abusive and very controlling. Perhaps they are not physically abusive but mental abuse can be just as damaging to those on the receiving end. Often more damaging.

The “Affordable Care Act” (ObamaCare) is not about health care but rather it is about “health insurance” and making health insurance mandatory. Social Security is mandatory. Medicare is mandatory. Social Security and Medicare are badly run, rife with corruption and going bankrupt. Three reasons for all persons to oppose both Social Security and Medicare. .

Making health insurance mandatory is not going to make health care more affordable nor will it improve the quality of health care. Making health insurance mandatory is a thinly disguised attempt of social engineering whereby wealth is being transferred from those who have into the accounts of those who want what others have, while expanding the ever-increasing presence and power of the federal government over the daily lives of the American people.

Racist? Bigots? Moronic? Ted Nugent-like? No. Just unwilling to sit back and accept the assertions from liberals that socialism and communism are the solution to America's economic and employment woes. People like Frank Venezia preach tolerance but then are unwilling to be tolerant of opposing views. Liberals at rheir finest.

Why does the federal government want to control health care? It is one-sixth of the American economy. That means new federal jobs with excessive federal health and retirement benefits. Federal employees cannot be fired or held criminally accountable for their actions. What is wrong with this picture?

Either you will control your government, or your government will control you.
Ronald Reagan


Promoting An Obviously False Urban Myth
Frank Venezia shared Amebor.com's photo on January 31, declaring it to be Awesome!!!. That was his reaction to an obviously false story about an alleged bigoted white woman who refused to sit next to a black person on an airplane flight. The story is obviously false because it lacks credible facts such as the name of the airline, airport, quotes from any named sources, etc. And the story has been categorized as false by numerous fact-checking web sites such as Snopes, Urban Legends, Hoax-Slayer, and Truth Or Fiction, and many others. Frank wants it to be true. But it is not.

Even a casual internet search shows it is a lie but it is a lie Frank prefers to believe. Why? He is too busy watching CNN and MSNBC. Thinking for himself is not an option. He has lemming genes. He is a follower. He follows the liberal butt in front of his nose. He thinks he is a really smart individual. We are told that he often brags about his IQ. Really smart people do not feel insecure to the point where they have to proclaim their superiority to those perceived inferior people around them. They demonstrate by doing, not by claiming intelligence. Phony intellectuals abound while real intellectuals astound. There is nothing astounding about Frank Venezia Jr besides his arrogance and his dogged obedience to the liberal philosophy. Sad. Really, really sad.

Predictable Anti-Gun Rant, with lies
Anti-gun advocates prefer to ignore real statistics, preferring to repeat the same old distortions of facts concerning guns and the American population. This post by Frank shows he has never read a single factual study or FBI report concerning guns and homicides in the U.S. and around the world.

Frank Venezia shared a link.
March 20, 2013

UNBELIEVABLE NUMBER: Since John Lennon was shot and killed in Dec 1980, 1,057,000 Americans have been shot and killed in the United States. NO OTHER SO-CALLED "CIVILIZED SOCIETY" ON EARTH CAN CLAIM SUCH A SICK STATISTIC!!! WAKE UP PEOPLE.......THIS IS YOUR COUNTRY!!!!!!! If you are as frustrated and dismayed as I am that Sen. Majority Leader Harry Reid would pull the proposed assault weapons ban before it was even voted on you must call Sen. Reid ASAP at 775-882-7343 or email him at http://www.reid.senate.gov/contact/index.cfm . THIS DECISION WAS NOTHING LESS THAN AN APPEASEMENT TO THE NRA....a bullying organization who despite all it's profound political power still only represents less than 30% of all Americans. WE CANNOT LET THEM WIN!!!

"Shot and killed" infers that these were all murders. They were not. The number of homicides since 1980 is more like half the number he passes on to others. The larger number includes those who committed suicide. For example, in 1998 there were 17,424 suicide by gun, while there were some gun-related 11,798 homicides. This totals to 29,222 deaths from firearms, the number anti-gun advocates prefer because it is larger. Virtually every year the number of suicides is larger than the number of homicides. [Source: http://www.ucdmc.ucdavis.edu/vprp/publications/firearmsuicide.pdf, Journal of Urban Health: Bulletin of the New York Academy of Medicine, Vol. 79, No. 1, March 2002, The New York Academy of Medicine]

Using 1998, the original number of homicide deaths includes some 2,500 persons killed while committing a felony and some 500 killed in gang violence. [Source: Bureau of Justice Statistics, http://www.bjs.gov/content/pub/pdf/htus8008.pdf]. This drops the gun-related deaths of real concern to 8,798, or 30% of the number batted around by the anti-gun groups. Victims that shoot back live longer.

"Sick"? No. According to the Bureau of Justice Statistics web site, "In the last decade (since 2000) the homicide rate declined to levels last seen in the mid-1960s".. And, "The homicide rate declined sharply from 9.3 homicides per 100,000 in 1992 to 4.8 homicides per 100,000 in 2010."

"No Other Civilized Society On Earth"? Fact, the murder rate in 2011 was the lowest since 1961: 4.7 murders per 100,000 people. The murder rate per 100,000 is the simplest measure of comparison. Using this measure, the United Nations the United States was ranked 103 out of 206 countries, exactly in the middle. [Source: United Nations Office on Drugs and Crime: http://www.unodc.org/unodc/en/data-and-analysis/homicide.html] The Congo (30.8), Uganda (36.3), Jamaica (40.9), Saint Lucia (25.2), Brazil (21.0), Greenland (19.2) and Costa Rica (10.0) all have higher murder rates per 100,000 population than does the U.S.

On a brighter note, gun ownership has been surging, yet firearm-related homicides have dropped 39% from 1993-2011, according to the FBI. Also, self-reported gun ownership reached its highest levels since 1993 based on a Gallup poll in 2011. [Source: http://prepperchimp.com/2014/04/19/nra-protestors-second-amendment-thats-baloney/]


A few of Frank's rants involve him posting images that agree with his limited perception of reality. There is the gratuitous "Guns Don't Kill People, People Kill People"... "for texting in a movie, walking home from the store, or playing loud music. You know, life and death stuff." The sound you are hearing is reality zooming over Frank's head as he stands there wondering, what? He thinks he is clever but he is just being simplistic, childish and unrealistic. Click here to view the image.

One he seems to also like is Shut Down The Republican Party because he hasn't met a conservative he didn't hate.

And he compares Benghazi to Sandy Hook while attempting to denigrate Republicans and ignoring how the President of the United States, and his Secretary of State, deliberately abandoned Americans to die in violation of their Constitutional duties.


Delaware Valley Monument
Frank? We are curious about your web site, http://www.DelawareValleyMonument.com. Besides having a sale on monuments for the deceased, your web site for Delaware Valley Monument has a scrolling picture presentation showing a variety of stones and other after-death monuments. Most of the example monuments shown for Delaware Valley Monument come complete with names and dates. One of the monuments comes with pictures of the deceased. Are you and Delaware Valley Monument using the names and pictures of deceased persons for commercial purposes without their written permission? Did you get permission from anyone to use those names and dates? They all died before you began Delaware Valley Monument business in 2009 so we think that would be very unlikely. Tell us. Inquiring minds want to know. Can we trust you and Delaware Valley Monument?


Example fom DVM Web Site

Vera Hone Shepherd, depicted above, is buried in Orem, Utah. That is a long way from New jersey. You and your company, Delaware Valley Monument, certainly did not make her above marker considering location and dates the business started. Did you obtain the legal right to use her image and the image of her husband on your web site advertising for Delaware Valley Monument? If you did, fine. We will remove it after you, the copyright expert, show us reasonable proof. Otherwise, we think are you guilty of using someone else's images for commercial advantage without their permission or the permission of their family? That would make you a hypocrite. Hard to imagine. Are you? Inquiring minds really, really want to know.

And how does one have a "Spring 2014 Special - 25% Off" sale for this sort of consumer product? A Spring Sale! Let's go pop Uncle Harry so we can save money on his headstone? What? Tacky?


Last, But Not Least!
Does this sound like anyone we know named Frank?

We think so. How about you?


 

 

Rebuttals

In an effort to provide a balanced view, we make the following offer to anyone who feels they have been wrongly accused on this web site.

If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.

General
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game

Definitions

Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine
; Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description   |   Registration
Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns
Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline
Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
<

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2017