Infelicitous is the word I would use to describe my relationship with the semicolon over the years; quite simply, its been complicated. I love its style, look, and bravado, but it seldom reciprocates the feeling. If you can relate, check out the article attached below…
In college, whenever I used a semicolon in a paper, it came back to me with a big red circle around the offending member. I thought semicolons were just inflated commas, and I realized that I had no idea how to use them, and was afraid it was too late to learn, so I decided to do without them. I stuck with what I knew: the common comma, the ignorant question mark, the occasional colon, the proletarian period.
And for a bonus see, Why semicolons are the perfect punctuation for the digital age
I followed this story as it developed over the past week – the author here did a great job summarizing the events thus far.
Here is my response (see original article below):
On the discussion of who has the stronger argument, it gets interesting. First there is the First Amendment and parody vs trademark law. Followed by, dilution by blurring or tarnishment.
The trademark protection argument is weak because it hinges upon the “the likelihood” of consumer confusion. I find it difficult to believe that anyone here is confused. The parody literally attached the word “dumb” to Starbucks name. No one would reasonably believe the two stores are related.
Fielder also has a decent argument against dilution by blurring and tarnishment with §1125(c)(3) of the Lanham Act. In short, the section specifically permits for the parodying of the goods or services of a mark owner. While it protects against injury to the good will and reputation of the mark, here I do not believe Starbucks has suffered much harm. It was fairly clear the act was a prank; it was funny, and the coffee was free!
Over time, if the parody were to remain open (or expand), and a correlation was made with a decline in the public’s perception of Starbucks, then perhaps, an argument may be made for the good will and reputation of Starbucks’ mark. Otherwise, I think it may be considered fair game.
Either way, it will be exciting to see what comes next in this ‘kerfuffle’!
Originally posted on Professor Tonya M. Evans:
On February 9th, The Huff Post and other media outlets reported the grand opening of a store in the Los Feliz neighborhood of Los Angeles, “Dumb Starbucks”. The clever prankish parody even caught the attention of Forbes:
‘Although it looks like Starbucks, smells like Starbucks and even acts like Starbucks (the super-friendly baristas asking for your name were hired off Craigslist), the whole thing is an elaborate goof on Starbucks culture. A list of Frequently Asked Questions posted on premises compared the place to Weird Al Yankovic’s homage to Michael Jackson’s “Beat It.” Dumb Starbucks, you see, is the “Eat It” of $6 coffee drinks.’ Source: Forbes.com
Every so often, the writers over at The Sweet Setup interview a featured guest on the setup of one of their devices (iPhone, iPad, or mac). I find these posts extremely interesting because they expose the reader to the different workflows of industry leaders. While brief, it is generally very enlightening. I often compare it to the simple but once iconic question, “who do you have on your ipod?”
This inspired me to create a similar “Sweet Setup” column, one that may interest young burgeoning attorneys and professionals. If I have learned nothing at all, it is that a great deal can be learned from an individual’s device workflow/setup.
With no further ado, here it is, my self-interviewed iPhone Setup:
Who are you and what do you do?
My name is Andre J. Webb and I am a twenty-eight year-old attorney in Delaware. I am also lead writer and editor of The Burgeoning Young Attorney. Through blogging I use my keen interest in law to provide miscellaneous pieces for readers to enjoy. Blogging also enables me to develop a voice in the legal community for young attorneys.
What iPhone do you have?
I believe that a strong integration with technology and efficiency is what will separate good legal services from great ones in the future. As a result, I try to use the latest and greatest. I have a 32GB iPhone 5S in Space Gray.
I am a huge proponent of using folders to group related frequently used applications. Random apps used often are placed into favorite folders. Other folders include different groups of applications whether, writing, reading, research, entertainment, or financially related.
What apps do you use the most, and why?
The ABA Midyear Meeting was an amazing experience. The Hyatt Regency Chicago and Swissotel served as host hotels, with the Hyatt set up as headquarters for the ABA Association, and Swissotel the primary meeting grounds for the Youth Lawyers Division. Wind chills left temperatures feeling near negative 20 degrees, so the underground pedway connecting the properties was nothing short of a miracle.
Prior to arriving, I reviewed the available program itenary and chose to sign up for the Anatomy of ADR and Law School to Law Practice event. I arrived at the Swissotel early Friday morning unsure of what to expect – it was my first ABA national meeting…
Law School to Law Practice:
The description, “program discusses the pros and cons of starting a solo practice, and how one succeeds after he or she has committed to the objective of making it as a solo practitioner.” Attending simply made sense. Topics discussed may be useful to any young attorney in launching their career. The program was orchestrated by the YLD Solo Practitioners. Chris Blaylock, of the Law Offices of C.W. Blaylock served as the moderator, along with Orly Ahrony, and Elizabeth “Jodi” McShan as panelist.
The program was planned for one hour, which I predicted to be quite challenging. One hour is not enough to cover almost anything in the legal profession, let alone explain how to launch and develop a firm. Nonetheless, the panelist gave it their best shot.
The material was broken down into three sections: Marketing and Accounting; Networking/Retaining a Client/Client Communications; and the Pros and Cons of Running a Small Firm. Opening slides listed basic information easily discoverable online with little research, but in the interest of ensuring that everyone was on the same page I understood the purpose. Additionally, it made it super convenient and helpful for future reference. Later slides, discussed in detail best practices for a solo practitioner along with recommended resources.
Game On : PA Supreme Court Opens Door for Negligent Design Claims Against Pharmaceutical Manufacturers
Recently, the PA Supreme Court released a ruling that is sure to shake things up involving life science matters in Pennsylvania. Read more below.
In a decision with significant potential ramifications, the Pennsylvania Supreme Court has issued a ruling that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs, regardless of claims that the drugs had been properly labeled and tested, as well as approved by the U.S. Food and Drug Administration. The ruling, announced January 22nd, upholds an intermediate appellate court decision against a Pfizer, Inc. subsidiary in a wrongful death action involving the diet drug Redux. In its 4-2 decision, the Supreme Court of Pennsylvania rejected arguments by Wyeth Ltd. that pharmaceutical companies could only be held liable in Pennsylvania for manufacturing defects and inadequate warnings.