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Saturday, August 17, 2002

Anata wa haru ichiban no sakura no yoni utsukushii.

I had a difficult time selecting which of these phrases would help me most appropriately greet these Japanese visitors. Do feel free to submit alternate suggestions, while I consult the Tarot.

Friday, August 16, 2002

Talking With Angels (or something like that)

Thursday, August 15, 2002


Margaret Heffernan has a good article in the August edition of Fast Company: The Female CEO ca. 2002. A taste:
The Legally Blond generation is not interested in compromise or assimilation. It wears its femininity with pride and seeks success on its own terms. If that success can't be found within traditional businesses or business schools, then these young women simply won't go there. "If I don't fit into GE or Ford or IBM," one bright young woman told me, "that's not my problem. That's their problem." Rather than fight the system, this next generation of women simply dismisses the system. Instead, these women seek places to work that value individuals -- whether as customers or as employees. They seek places that are transparent and collaborative, that respect relationships as the bedrock of all good businesses. What women want are companies that look a lot more like a network than a pyramid, companies where fairness is a given, companies that value what's ethical above what's expedient. [Para.] At the same time, this next generation of women is too practical, pragmatic, and tough-minded to be dismissed as ideologues. If they can't find these kinds of companies, then they'll simply build them.
The same issue also has a piece about how Nike seeks to connect with women through its Nike Goddess campaign: Nike's Women's Movement. (Nike, by the way, is the Greek goddess of victory.) More on Nike's "Goddess" stores, now in Newport Beach (Fashion Island) and Los Angeles (The Grove), is here [from VisualStore]. (Note: both these malls have Apple stores; coincidence?) Marginally related: I recently was clued in to the fact that Sports Illustrated has a separate women's magazine, Sports Illustrated Women, published eight times annually. Closing this loop: soccer goddess Heather Mitts, a Defender for the Philadelphia Charge, put in an appearance yesterday on NBC's Last Call with Carson Daly that resonated well with Ms. Heffernan's article.

"Godzilla vs. the blog thing"

Paul Festa has this story at c | net about Davezilla and Godzilla, in which Marquette University Law School's Eric Goldman (that's a slinky he's holding; see here, Prof. Goldman's personal site, with cyberlaw and copyright resources) explains why he thinks Toho's definition of trademark confusion is "very aggressive." [Via ILN] --Later: Martin Schwimmer has more on dilution.

Wednesday, August 14, 2002

Add Chili Peppers; mix well...

I don't know if it's because file sharing is less prevalent in the post-Napster world (or if that's even true), or because CD burning has become less complicated than dialing the typical phone, but these days the streets around me are running with mix CDs: from the quick fix scrawled with Magic Marker (if you're lucky), to the imaginatively labeled and presented tour de force. The RIAA's position on this is no surprise,
1. Pirate recordings are the unauthorized duplication of only the sound of legitimate recordings, as opposed to all the packaging, i.e. the original art, label, title, sequencing, combination of titles etc. This includes mixed tapes and compilation CDs featuring one or more artists. 2. Counterfeit recordings are unauthorized recordings of the prerecorded sound as well as the unauthorized duplication of original artwork, label, trademark and packaging.
and careful DJs also take heed. The EFF observes that "[c]opying a couple of tracks for a mix CD for a friend might also be considered fair use, or copyright infringement, depending on all the facts," but that doesn't provide much assurance, does it? (More from the EFF's Robin Gross on this subject is in this Macworld article.) All I can say from anecdotal observation is that more people today honor the speed limits on L.A. freeways than the RIAA's "piracy" definition when it comes to limited, free distribution of mix CDs. California decriminalized 65 MPH highway speeds several years ago. A similar response from our local and national lawmakers is needed here.


So, who else thinks the Laser Hair Care 3000 looks a lot like something Dr. Tristan Adams would prescribe?

Tuesday, August 13, 2002

Keep On Movin' Don't Stop

Dan Bricklin, Small Business Blogging: "[I]t will eventually be surprising when you don't use a blog." [Via Daypop Top 40]

Products, Negligence Claims Unavailable For "Desensitization"

Meow Media, Inc. (of the Persian Kitty site) and others including the makers of the film "The Basketball Diaries," and of the video games "Doom" and "Mortal Kombat," won their case today before the Sixth Circuit, concerning whether they could bear civil liability for Michael Carneal's 1997 shooting spree in Kentucky. An old but good Frontline summary of civil suits arising from school shootings is here, and Howard Bashman has more concerning James v. Meow Media, Inc.

Pop Quiz

Winter in August is: (a) A Seattle band that lost its drummer and recently broke up. (b) A fact of life for antler-casting pampas deer. (c) The second Mad Kane ditty on blogging. ("In the middle few can be a showman / While displayin' balance, wit, and clout. / Strong opinions rule the day in blogland. / Until some other bloggers knock 'em down.") (d) All of the above. ;-]

Blawg Updates

Law student Yasmin ("Damn The Muse" -- spot the palindrome) [via The Blawg Ring] and Washington family law lawyer Ruth Edlund (oh my: "The Dark Goddess Of Replevin Speaks") [via Ruth].

"The strongest in the company's line of rodent-irritators..."

Could I make this up? This (the "Vibrasonic Molechaser") was in my Gold Box.


Some of the Ninth's Circuit's reasoning in Toho Company, Ltd. v. Sears, Roebuck & Co., 654 F.2d 788, 790-94 (9th Cir. 1981) (opinion by Judge Farris, with Judges Fletcher and Kennedy) included the following:
Thus, Toho's Section 43(a) [Lanham Act] claim must fail if Sears' use of the Bagzilla name, figure or slogan poses no likelihood of confusing consumers by suggesting that the Sears trash bags were made, sponsored or endorsed by Toho...[T]his much is not disputed: Sears sells garbage bags. Sears uses "BAGZILLA" instead of "GODZILLA" and puts the Sears name prominently on the package. The representation of the creature is a humorous caricature rather than an exact copy. The marketing channels are different. [Para.] The goods are unrelated as a matter of law...Moreover, the contention that Sears intends to confuse consumers is implausible: Sears only means to make a pun...Sears' use of "Bagzilla" has not impaired the name and effectiveness of the name and image of Godzilla. (citations and footnotes omitted)
Dave ("Davezilla") Linabury says he's sticking to his guns. Dave also appreciates that professionalism has much to recommend it ("One thing that we might want to avoid, however, is sending any more emails to Toho, under my name, calling them penises. That really isn’t helping matters for me. Thanks... "). See earlier discussion here, here and here. --Later: meet Pongozilla.

Monday, August 12, 2002

Gitalong, Li'l Blawgies

Life is good for the Blawg Patrol this summer. Within the last few weeks, Ernie has established his way-cool law blogs outline, and JCA has set up what is, to my knowledge, the first blawg webring (now up to 18 entries). This was all good news for the agents, who still are managing to squeeze in some investigatory work, but also are realizing the importance of fun in the great outdoors. Thus, after dragging home from the Azores, they all insisted on heading southwest for the Big Summer Blawg Roundup. Here's who they've recently roped:
  • Larry Lessig!! [Thanks, Doc]
  • Garrett Moritz, a Harvard law student with a penchant for handstands, Britney and Harry Potter, and the more than occasional rant. [Via The Volokh Conspiracy]
  • Drumroll please: Agent Altreuter bagged one of the BP's Ten Most Wanted: a blogging legal secretary, Joni Mueller. As added bonuses, Joni does appellate work and is partial to things red. Like Garrett, Joni's blog is part of a larger site ("2 Fools And A Modem"), with much to explore.
  • Broc Romanec blogs for R.R. Donnelly's, primarily about the SEC and securities issues. [Via Genie Tyburski's TVC Alert]
  • Brian Peterson hails from West Virginia and serves up legal news and commentary. He was corralled by Director Svenson, whose blawg-tying skills have earned many awards down on the Ranch.
  • Ernie's Outline also yields,
  • Alvin Borromeo, Carey Gage, Dilan Esper, Seth Farber, Michael Fox, Michael Lopez, Damian Penny, Michael Wade, law student Alice W. (very fun site) and "exlpoded" law librarian Morgan Wilson,
  • while the following blawgers are new to me from the Blawg Ring,
  • law students Anthony Santagati III (more here via Ernie) and J.M. Branum.
  • Phew, with that I'm bound for some grub, stargazin' and blawgy ballads...

    Non-Oral Body Parts

    One ankle down.

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