Wednesday 4 September 2013

My Confessions To Our Creator Of Some Bad Decisions

 

The wars and fights among us all
First start within each one of us.
Desires for pleasure in us all
Are fighting within each of us.

We lust for what we do not have.
We covet what our neighbors have.
We hate that others seem to have.
And so we fight for what they have.

If we would only pray to You,
You'd give us everything we need.
'Cause all we need will come from You.
'Cause You know best just what we need.

 

Wednesday 27 March 2013

Saturday 5 November 2011

Living Forever

Be careful what you decide to argue to a Court, because it will “live forever”.
There once was a service called “Lexis”,
Which catered to those most electus;
But argued such stars,
Seeing cases and cars,
Might think that there was a connectus.

In 1988, Mead, trying to stop Toyota from importing the new LEXUS car, argued to a New York Court, that the lawyers and accountants who used the LEXIS database service might get confused as to whether the owners of the LEXIS and LEXUS marks were connected or related,
as noted in the following excerpt from the Court’s opinion.:
Typically, sophistication of the buyer is a factor that will weigh against a finding of likelihood of confusion.  See Centaur, supra, 830 F.2d at 1228.  Mead, however, contends that in this case sophisticated consumers are more likely to be confused because they tend to be more aware than unsophisticated consumers of the diversification of large corporations.  This conclusion, Mead argues, is more compelling in the case of car manufacturers, several of which are already in the computer business.  This argument is unpersuasive.  If a consumer is sophisticated enough to understand that some car manufacturers are involved in the computer industry, he is likely to be sufficiently sophisticated to realize that not every car manufacturer is in the computer industry.  In sum, the court finds no reason not to apply the usual rule that the sophistication of consumers militates against a finding of likelihood of confusion.[1]
1:  Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 702 F. Supp. 1031, 1039 (S.D.N.Y. 1988) (dismissing Lexis’ claim of trademark infringement, but granting a permanent injunction against using “LEXUS” based on alleged “dilution” of “LEXIS”, under New York’s antidilution statute).  Finally, see Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 875 F.2d 1026 (2nd Cir. 1989) (reversing the injunction, finding no dilution).

G#35USC103(a)

G#35USC103(a)
Not every new idea so bright
Will qualify for patent right.
It can’t be obvious to one
Of ordinary skill, my son.
A man of ordinary skill
Does not invent, and never will.
“Obviousness” we cannot find,
Looking at the inventor’s mind.
It’s not an obvious design
If it has never come to mind,
To those who work hard every day
To do their job a better way.
Anything that you invent,
Just combines what’s done before.
Not a waste of time you’ve spent;
Combo’s not in any lore.

G#P15(22)

G#P15(22)
Without advice your ship will fail,
With many counselors you’ll sail.

G#P13(20)

G#P13(20)
Now if with wiser ones you stay,
Your foolishness will go away.
But if with foolish ones you stay,
A dreadful end won’t go away.

G#P12(15)

G#P12(15)
The fool is right in his own eyes,
Advice is welcomed by the wise.