Georgia On My Mind

 

Monday, March 15, 2021 

This sounds pretty silly to me.  "'Vasectomy Mayhem’ Trademark Draws Complaint From N.C.A.A."  https://nyti.ms/38viJxl

The article correctly points to the “likelihood of confusion” and “dilution by blurring” of a brand as the governing standards in a trademark dispute.  The law protects Coca-Cola from sitting on a shelf next to Koke.  See Coca-Cola Co. v. Koke Co., 254 U.S. 143 (1920).  It also explains why companies choose concocted names, such as Kodak, Zyrtec or Lysol.  Anything close is assumed to be infringing.  See, e.g., Eastman Kodak Co. v. Rakow, 739 F. Supp (W.D.N.Y. 1989).  

Product identity can be a valuable asset and is sometimes guarded overzealously, as in the case at hand.  The likelihood of confusion of college basketball and vasectomies is remote, like liking Rand Paul remote. 

I recall in my trademarks class in law school uttering a boisterous Harumph! when I heard of an infringement claim by Lexis, the legal research service, against Lexus, Toyota's luxury car brand.  As obvious as the distinction between the enterprises was to me, a lower court actually held that legal researchers might be distracted by the marketing of a luxury sedan, a decision wisely overturned.    https://apnews.com/article/84c39afcb1a5a5e74c216995741338f2

. . .

While I was mildly amused by the NCAA's concern for its basketballs, I was highly indignant reading about so-called "influencers," now anointed as "digital creators," "monetiz[ing] every aspect of their life."  

https://www.nytimes.com/2021/03/10/style/creators-selling-selves.html

Influencers are social media creations who apparently attract or seek to attract followers, sometimes in enormous numbers.  We are to believe that the lemmings readily purchase goods and services in the wake of the influencers.  This might be viewed as a grossly inflated extension of the celebrity endorsement in advertising.  

The new pernicious wrinkle, as the article describes, is that "fans pay to vote in polls to control some of a creator’s day-to-day decisions."  Instead of just learning what some vapid person eats for breakfast, we can choose the menu, at a cost, of course.  In effect, we are influencing the influencers, at our expense.  Is this a great country or what?

. . .

Speaking of popularity, the real estate section tells us "Which Amenities Are Most Popular?" for New York City apartment hunters.  

https://www.nytimes.com/2021/03/11/realestate/which-amenities-are-most-popular.html

The first two choices I would happily do without, an in-unit washer/dryer and a pet-friendly policy.  Avoiding the noise and the mess of pets, dogs specifically, is worth money to me, but there is an impact on both supply and demand.  Fewer potential buyers/renters, those keeping pets, vie for fewer properties, those allowing pets.  On balance, pet friendly buildings are more expensive.    https://www.brickunderground.com/blog/2015//in_case_you_missed_it_pet_friendly_premium

Tuesday, March 16, 2021

This was a very busy day, comparable to a real day in the before times.  I started with a visit to Michael Perskin, M.D., for our annual physical exam.  He passed.

Lunch time was spent with Joan and Steve G., a delightful couple whom we met on our trip to India in January 2020, what seems like a lifetime ago.  We braved the 34° temperature and gathered at Café Luxembourg, 200 West 70th Street, which has a bank of 20 well-heated, well-populated tables along the sidewalk.  In fact, they were noisily building more capacity even as we sat there.  Luxembourg, unlike many other restaurants in this neighborhood, has hung around for a long time and seems to be coping with the limitations of the pandemic fairly well. 

The others chose the yellowfin tuna burger ($29) or the Luxemburger ($24 plus $2 for cheese), while I had the duck confit cassoulet ($30), a duck leg, duck sausage, "cranberry beans" (that looked like regular beans), smoked bacon broth, escarole and pearl onions.  Luxembourg's food is good, the prices are high, but it is one block away and the heaters are powerful.  Such is life in the year of the plague.

. . .

In the evening, West End Synagogue presented Michael German, a former FBI agent, now with the Brennan Center for Justice, speaking on the growth of white supremacy.  I had the privilege of moderating the session, with over 200 registrants. 

While we Upper West Side pinkos have long suspected that elements of law enforcement have either been dismissive or tolerant of right wing extremism, we had it confirmed from the inside.  For more, read Mike's book "Thinking Like a Terrorist: Insights of a Former FBI Undercover Agent."

Wednesday, March 17, 2021

If I whetted your interest in trademark law, Benjamin N. Cardozo School of Law is having a symposium marking the 75th anniversary of the Lanham Act, the prevailing federal trademark law, on March 24th.  It's free.

https://www.eventbrite.com/e/diamond-anniversary-75-years-of-the-lanham-act-tickets-144490371591?utm_content=116360233&_hsenc=p2ANqtz-_AHXxzZZ1V4uIilPBBZzcoCaRjK8VNfpeOnpTcS9MAM5zIy6OwqmxlcVMhav2ZYuvw6HQPE2oss8rRtfvB7GJgb1jl0RBFhQOdCO5E4MqbMzgpJSg&utm_medium=email&utm_source=hs_email&_hsmi=116360233

Thursday, March 18, 2021

My reaction to the murder of 8 people in Atlanta, 6 of them Asian American females, was simply why and how did the killer have a handgun in the first place?  Disarming him psychologically might have required years of work, but prudent gun control laws might have kept him unarmed.

According to an attorney for the vendor, the killer "had bought a weapon legally from the shop on the day of the shooting.  [The attorney] said that the store complied with all laws and regulations in selling the gun, and that the store had been cooperating with authorities."  How remarkably efficient that a person can buy a 9-millimeter handgun in Georgia as quickly as shopping for groceries at Trader Joe's.  Georgia seems more determined to deter Black voters than murderers of any race.

. . .

Another unpublished letter to the editor:

Come on, New York Times.  The New York Rangers win a hockey at home 9-0, a shutout by a rarely arrived at number of goals.  One of their very best players, Mika Zibanejad, breaks out of a deep slump by scoring three goals.  And not a peep in the sports page?  I won't deride your choice of copy in today's paper, but you could have found room for an extraordinary performance by a local team with a passionate fan base.

 

Friday, March19, 2021

The 39° temperature momentarily deceived Stony Brook Steve and me as we met for a walk and lunch.  The legendary West Side Wind, our own mistral, effectively knocked about 10 degrees off and hastened our search for a habitable outdoor lunch spot.  After testing a few places, we settled on El Mitote, 208 Columbus Avenue.  While the shed along the curb was crudely constructed, it cut off the wind and the heaters above the 10 tables were working well.  Also, sitting on the west side of Columbus Avenue put us in direct sunlight.

I ordered quesadillas, three corn tortillas folded over cheese and crumbled chorizo (Spanish sausage) ($14).  Steve had a fat burrito, stuffed with chorizo, black beans, rice and shredded lettuce ($16).  The setting was comfortable enough for us to linger almost an hour.  Are we normal yet?