MACMULL'S MUSINGS

Thursday, July 12, 2007

Mudhens win, Mudhens win!!

The Dr.'s tired tonight after scoring the winning run in his 13 inning baseball game, so tonight's post is brief.

It seems like everyday I'm reading of another less than exemplary standards issue involving China. Between recent U.S. recalls of toothpaste manufactured in China, and cardboard filled edibles being sold on the streets of Beijing, China appears to be scrambling to address what are undoubtedly very serious P.R. concerns. I just read the other day that the former Head of China's Food & Drug authority was executed for taking bribes. Anyway, the situation is serious and I'll be following it closely over the next little while, so stay tunned.

Management is going away this week-end to Newport, RI for their first get away of the summer. Here's to good livin'.

Wednesday, June 20, 2007

Local news...





As I was doing my laundry the other day at the corner mat, I witnessed one of the oddest things I've seen in awhile. A middle aged women was struck my car. Granted, I didn't see the collision take place, but I was witness to the what ensued afterward. Apparently, the driver of this Lincoln Towncar was the driver for Debra Norville, host of the Fox program Inside Edition. As the ruckus ensued, the window to the Towncar rolled down and Deborah could be seen demonstrating a less than pleasant tone with her driver. The woman, obviously dazed from being struck made her way over to my bench. I asked her if she was okay and she responded that she was. Debra got out of her car and came over to ask the woman if there was anything that she could do for. The woman responded "no," but it was clear that she didn't know who Debra was. At that moment, I couldn't help but think to myself that I wish I was a personal injury (P.I.) attorney, as the prospect of a deep pocket defendant was exciting under the circumstances. Debra and I exchanged glances (she's quite tall) and she once again asked the woman if there was anything she could do. With a final "no," Debra left, but to her credit she was very nice.

With Debra gone and the woman having collected herself, she phoned her husband on her cell phone. As she began to retell the story (and I could overhear both of them), it couldn't even had been more than 15 seconds into the conversation before her husband said "Whadda mean you let her go? We could have sued!" I remember being surprised that this came before the obligatory "Are you OK?" line of questions. Apparently, her husband too wishes he was a P.I. attorney.

Sunday, June 3, 2007

Don't laugh, I would suggest that there is such thing as "taste infringement"

I first saw the clip below a few months ago, but failed to blog about it at the time. Nevertheless, while my comments might not be as timely as they could have been, the ad raises an interesting issue in my view, namely, successful litigation involving non-traditional trademarks. A primer on non-traditional trademarks, including taste, can be found here.



While I'm not aware of any cases in the U.S. involving so- called "taste infringement," I did have the occasion recently to entertain a client's questions about the subject not too long ago, which peaked my interest.

Here's a link to a nice discussion of taste as a trademarkable feature in the U.S.; however, the outcome of that decision is far different in my view (denying orange as a distinct flavour for pharmaceutical products) than if enforcement over a "truly" distinct flavor, such as Coca Cola were to be litigated.

Safe travels friends...

As has been discussed over these channels before, the day of reckoning appears to have come and gone for my good friend Tyson Brust. Congrats are in order for Tyson who recently passed his first year of medical school. Now he simply has to stay alive as he criss crosses South America on his motorcycle. Safe travels also go out to Tommy "the Kid" Smith, and good luck getting to Guatemala City in 3 weeks. Details of Tyson and Tommy's adventure can be found here.

Thursday, May 31, 2007

And then a month goes by...

No excuses, but I've been awfully busy of late. Consequently, I've not been postin'.
However, here's some interesting news in my view. Internet Radio may effectively vanish by mid-July. Details here. Details on supporting Internet radio here.

Thursday, April 26, 2007

A now a message from our Chairman...

Good morning ladies and gentlemen, Officers, Shareholders and members of the Press. In our ongoing effort to entertain our dedicated readers, we here at joelmacmull.com are pleased to announce a new feature, which, we are confident, will bode well for our continued financial success. While we fully recognize that joelmacmull.com maintains a fiduciary obligation to our shareholders, we don't believe that the future of our industry rests with complacency.
Rather, we believe our continued success is inextricably linked to self-ridicule and amusement.

Accordingly, tonight we begin a new segment entitled "Favorite trademark of the day!"

Tonight's selection is:

U.S. Trademark - GASSY GATOR. Serial No. 76116312

Goods & Services Description - Nutritional supplements for stomach ache relief in lollipop forms.

Editor's Note: Brilliant choice in a mark, if for no other reason than the visual conjured up by the alliteration is pretty funny to me.

Less Tragic... More Hip


The other night (Tuesday) I had the fortune of seeing Canada's favorite frat boy band -- The Tragically Hip -- play here in New York. It was a small venue and pales in comparison to some of the larger venues the Hip occupies when they play north of the border.
If my memory is correct, I last saw the Hip play about oh..., I don't know, ...about 12 years ago! Jeez, I'm getting old. Anyway, while they certainly played some tunes I am less familiar with (Editor's note: some of the tracks on their newest album, such as "Lonely end of the rink" are really good), in many respects it was like a greatest hits concert. Such classics, included "Wheat Kings," "Fully Completely," "Bobcageon" and the always popular "Ahead by Century."
What was immediately apparent to me when the band took stage was much older they seemed to me. Visibly absent, was any sense of boyishness that I seemed to remember them possessing. What did make up for it though was Gordie's antics on stage. He was quite a ham. Just a few of his antics are on display at the end of the clip below.
I apologize in advance for the Zapruder like film quality, but are what are you gonna do?