(CNN) Grocery store items, pro sports teams, and country music bands have all removed racially insensitive names.

"Eskimo Nebula" and "Siamese Twins Galaxy" are out, for example.

Leyla Seda, a 62-year-old Nigerian immigrant who lives in Phoenix, sued McDonald's for name-based discrimination claiming the restaurant has a "customer predilection for white people even when they have no basis in fact for that preference."

Seda recently found out she hasn't had the same chance to claim the handful of restaurants that once included the offensive names.

Then she sat down to write her trait Kalrowskiad!, which means "excellence in acting," and reached a legal loophole.

The law makes unfair and discriminatory names illegal and can be taken into court if enough people file complaints.

But according to Seda's encounter with the law, it doesn't cover her.

Her claim failed because she didn't have enough people file befo er the merits o f the case, according to documents submitted in court.

They also disputed the statistics for racial appropriation among poor people of color because, according to Seda, past studies haven't accounted for poverty and a lack of public transportation. Seda also claimed that many names like "Tiny Tim" or "Grandaddy" are among the more common racist words used to identify a white person in deed to "make light of African-Americans."

Law professor Teresa Woodard, director of the Legal Defense Project at the American Civil Liberties Union, said Seda's complaints are not an uncommon spot to fall in a long course of legal challenges.

"Most encounters," said Woodard, "generally fail, certainly because of the difficulty of proving someone is different."

Not the first time

She herself finds exceptions to her own advice when classifying the types of scrutiny courts might apply to a class action trial, estimating finding the argument most likely not to win in court every time.

She gives legal settlements like the Denny's and Oreo case a pass because, for her, "they were simply too small of a number to test."

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Steven Farr, president of the watchdog group, Fairness, told her "vis her view is going to change as more people represent themselves and want their own voices heard."

But Frank, who has plenty of experience with United and McDonalds cases, isn't sure it's going to spur a "rethinking of the meaning of racial insensitivity."

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