31
May/04

Grilled


The word BARBEQUE is perhaps derived from the Taino Indian word BARBACOA, the name of a meat-smoking apparatus.  Via about.com.

Henry Ford invented the charcoal briquette in order to recycle wood left over from the manufacture of his cars.

History of hot dogs here.

Pictured: The Big Gogriller, a grill that attaches to your car, convenient for tailgating.



31
May/04

Lizards Allegedly Lie About Lite


Anheuser Busch is running ads targeted at MILLER indicating that Miller Lite is ‘the Queen of Carbs’ and, now this is hitting below the belt, that it is “South African owned.”  Miller sued on false advertising.  The statements were made by Frank and Louie, the Bud lizards.  The carbs allegation has not been heard yet however a judge has now ruled on the South African allegations.  The statement “owned by South African Breweries” is literally false as South African Breweries has changed its name to SABMiller plc.  There was insufficient evidence as to the ownership of SABMiller to determine the truth of the statement “South African owned.”

Coverage here.

 



31
May/04

America's Oldest Beer Trademark


I had some YUENGLING beer this weekend.  Certainly drinkable.  It turns out that YUENGLING is the name of German immigrant who founded what is claimed to be America’s oldest continuously operated brewery (1829), making YUENGLING America’s oldest beer trademark.



26
May/04

Request for Referral for Dedicated Web Host and Email


Can any of you recommend a dedicated Windows server hosting company?  And a good email provider?



25
May/04

Counterfeit Surgical Implants


A company named Q-Med purchased what turned out to be a counterfeit ETHICON surgical mesh (a wire mesh implanted into the body to strengthen injured muscle wall).  At least 15 patients have the counterfeit mesh implanted in their bodies.  The FDA doubts whether the fake mesh is even sterile.  Story here.

Side-by-side comparison supplied by Ethicon to identify counterfeit mesh here.



25
May/04

Counterfeit Golf Clubs Seized in Shanghai


Chinese anti-counterfeiting officials conducted raids in Shanghai seizing $3 million worth of counterfeit golf clubs bearing brands such as TITLEIST, COBRA and CALLAWAY.  Via PGA.COM.



25
May/04

'New Top Level Domains Considered Harmful'


Tim Berners-Lee, one of the founding fathers of the World Wide Web, has written a short essay entitled “New Top Level Domains Considered Harmful” which argues that, uh, they are.  He singles out .MOBI for criticism.

Some have weighed in already on this essay, here.



24
May/04

Do You Want To Bid on TRADEMARK.COM?


Information Holdings Inc. is the parent company of such IP-service companies as TRADEMARK.COM, MICROPATENT, AURIGIN and MASTER DATA.  According to printed reports in the Wall Street Journal, it may be putting itself up for sale.  Thomson, parent of T&T, was identified as a potential bidder.

Google news coverage here, IHI press release here.

Trademark.com (and Trademarks.com) here.



21
May/04

Lemley on IP


Professor Mark Lemley has written an article entitled : Ex Ante Versus Ex Post Justifications for Intellectual Property

From the abstract (article available here):

The traditional theory of IP is that the prospect of future reward provides an ex ante incentive to innovate. An increasingly common justification for longer and more powerful IP rights is ex post – that IP will be “managed” most efficiently if control is consolidated in a single owner. This argument is made, for example, in the prospect and rent dissipation literature in patent law, in justifications for expansive rights of publicity, and in defense of the Bono Copyright Term Extension Act. Taken to an extreme, this argument justifies perpetual protection with no real exceptions. Those who rely on this theory take the idea of IP as “property” too seriously, and reason that since individual pieces of property are perpetually managed, IP should be too. But IP isn’t just like real property; indeed, it gives IP owners control over what others do with their real property. The ex post justification is strikingly anti-market. We would never say today that the market for paper clips would be “efficiently managed” if put into the hands of a single firm. We rely on competition to do that for us. But that is exactly what the ex post theory would do.

In this paper, I explore the sub rosa development of this ex post theory of IP. I argue that the basis for continued control is the assumption that the value of IP rights will be dissipated if they are used too much. This argument is fundamentally at odds with the public goods nature of information. It stems from a particular sort of myopia about private ordering, in which actions by individual private firms are presumed to be ideal and the traditional role of the market in disciplining errant firms is ignored.



21
May/04

Omarosa vs. Someone Not Named Omarosa


Someone other than the ‘real’ Omarosa (that is to say the Omarosa from that TV show) filed a trademark application for OMAROSA.  Via The Smoking Gun.

A year from now that application should be as valuable as those applications for SHOCK AND AWE.