damnum absque injuria

March 31, 2004


Filed under:   by Xrlq @ 10:37 pm

Anyone who actually cares what Al Franken has to say (yes, I mean both of you!) should check out Bore America, which is temporarily being hosted at this site.

I’m falling asleep even from typing this, so I’m going to turn in now. G’night.

Fire Hasn’t Been Patented for Years

Filed under:   by Xrlq @ 5:35 pm

Add Reuters to the list of news agencies that can’t tell a patent from a trademark. And add blogger Stephan Kinsella to the list of bloggers calling the media on their inexcusable sloppiness.

All Fired™ Up

Filed under:   by Xrlq @ 12:45 pm

I mentioned on Monday that the first federal trademark application for the name “You’re Fired” was abandoned in 1996. Yesterday I noted that a certain Susan Brenner of Northbrook, IL was challenging Donald Trump’s current mark. However, I missed the connection between the two. As it turns out, the abandoned mark, No. 75554719, was originally filed in the name of Art N’ Soul, Inc., a corporation of which Brenner is the secretary. The original application listed International Class 035, and U.S. Classes 100 101 102. Trump’s lists International Classes 028, 041, and U.S. Classes 022, 023, 038, 050, 100, 101 and 107. So there is a minimial overlap between the classes sought on Trump’s application vs. those previously sought, then abandoned, by Brenner. I don’t think that really matters, though; what does matter is likelihood of consumer confusion, which at this stage appears to be nil.

Meanwhile, a seventh applicant has joined the fray.


Three Strikes “Reform”

Filed under:   by Xrlq @ 6:39 am

Anyone considering voting for the initiative to water down three strikes should take Patterico’s quiz. Questions 1 and 2 are up now. More will follow.

UPDATE: Here’s question 3. This time the example is not a hypo.

FINAL UPDATE: Question 4.

March 30, 2004

You’re Fired!

Filed under:   by Xrlq @ 4:24 pm

Via Drudge comes news that Northbrook, IL pottery merchant Susan Brenner intends to challenge Donald Trump’s trademark application for the phrase “You’re Fired!” in connection with clothing and casino equipment. Brenner says she already uses the phrase on the ceramic plates, mugs, birdhouses and other items she has “fired” and sold since 1997. Her attorney, Marvin Benn, told Forbes he is preparing a letter warning Trump that he could be liable for trademark infringement if he sold any You’re Fired!

Crow, It’s What’s for Dinner

Filed under:   by Xrlq @ 12:49 pm

Tim Lambert’s ‘Hat of the Day award has been revoked and conferred on me, instead, for having issued it in the first place. That will teach me to issue ‘Hats to bloggers.

Just as Lambert’s ‘Hat was ultimately revoked, the same can be true of everh other ‘Hat whose holder can adequately demonstrate that it was unjustified. I eagerly await similar rebuttals from Wilmette Police Chief George Carpenter, recently unemployed pharmacist Gene Herr, Colorado Louie, Laurel Eby, that self-centered jerk who refused to return someone else’s dog, and the unrepentant jerks at the “Humane” Society who facilitated that adoption and called it a “wake-up call” for everyone but them. If any of these guys can make at least as strong a case against their ‘Hats as Lambert did against his, I’ll have nothing but crow to eat for the next month, at least.

I’m not holding my breath.

March 29, 2004

Spywiper Update

Filed under:   by Xrlq @ 10:25 pm

Suzi reports that North Dakota attorney John Gosbee is suing Rob Martinson over Spy Wiper. Here’s Gosbee’s contact information:

Gosbee Law Office
103 Third Avenue, N.W.
Mandan, ND 58554-3129
(701) 663-2225
(701) 667-2070 (fax)
Email: jgosbee@gosbeelaw.com or honestads@hotmail.com


Proof Beyond Unreasonable Doubt

Filed under:   by Xrlq @ 6:55 pm

This article is required reading for anyone who believes the lies about Kevin Cooper, who missed an appointment in hell on February 10.

The Union-Trib interviewed jurors Kahloah Doxey, Donna Randle and Frank Nugent, the foreman. Nugent has expressed some newfound reservations about the death penalty generally, while Doxey and Randle are two of the three jurors who wrote Gov. Schwarzenegger requesting a brief stay of Cooper’s execution pending further tests. All three have been bandied about by criminal advocate groups as evidence that even the jury has doubts about Cooper’s guilt. Not exactly:

All three said they still believe that Cooper, 46, is guilty, despite defense arguments that he might have been framed. They remain haunted by details and images from the trial.


Xrlq to Dog Trainer: You’re Fired!

Filed under:   by Xrlq @ 12:38 pm

Patterico has recently documented several embarassing typos in the Dog Trainer. Today’s bottom of the barrel editorial – you know, the third one, where they stop making lame efforts to be deep, and instead make equally lame efforts to be funny – is a prime example. Apparently, they are too busy falling over themselves and fawning over their amazing wit to take the time to do the basic research necesary to tell a trademark from a patent. Mixing up the names is bad enough (they use the words “trademark” and “patent” interchangeably throughout the editorial), they also screw up the the basic concepts. Take, for example, this

Maybe he’s serious about the trademark so he can sell “You’re Fired!” T-shirts and gambling machines; of course, not having such a patent wouldn’t stop him either.

As if to suggest that it should.


American Grandstand

Filed under:   by Xrlq @ 8:53 am

Dick Clarke has done a great job of convincing everyone that he is either a partisan Democrat with an axe to grind, an ex-bureaucrat who’s mad at his former boss for demoting him, or elements of both. The sad part is, once you cut cheap attacks, a lot of what’s left makes a good deal of sense.
Rich Lowry has the scoop.


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