The outcome is clearly correct. The question is whether Hasbro should be sanctioned for an abusive filing for initiating the frivolous litigation.
There are *many* categories of trademarks in the U.S. A trademark in one category does *not* in any way block the identical trademark from being used in another category. That Hasbro has registered "Clue" as a game would in no way stop Ford from building a car called "Clue."
Somehow, Hasbro has gotten the idea that trademarks reach *much* farther in domain names than they do anywhere else. This is simply fallacious, and worthy of sanctions.
hawk, esq., once again griping that judges in general are far too slow to use their authority to sanction frivolous filings.
I'm seeing something similar. I thought that it first reported at 40, then it was 30, then 29, 28, now 26 . . . all without any of my posts being moderated . . .
>Don't you think the prices you charge are a bit over the top for the average person, if prices >were lower more people would see justice around the world as they would be able to afford it.
It's not as if I got to keep those fees. My secretary wanted to eat, and demanded to be paid. The government insisted I repay the loans I took for law school. etc. I was at one point paying in excess of $100k/year for overhead, meaning that the first $8.25k/month went everywhere *but* me.
So, no, they were hardly over the top. I had to charge that much to stay in business.
Other parts of the country see lower overhead, and tend to charge less.
When you get down to it, the letters and consultations *don't* pay their own way. Even at those prices, they're more a public service than a money maker. Priced by the amount of time & resources they took, it would be closer to $200 for the letter and consultaton.
>Don't you think the prices you charge are a bit over the top for the average person, if prices >were lower more people would see justice around the world as they would be able to afford it.
It's not as if I got to keep those fees. My secretary wanted to eat, and demanded to be paid. The government insisted I repay the loans I took for law school. etc. I was at one point paying in excess of $100k/year for overhead, meaning that the first $8.25k/month went everywhere *but* me.
So, no, they were hardly over the top. I had to charge that much to stay in business.
Other parts of the country see lower overhead, and tend to charge less.
>I'd love to move these out of The Oven, which is my computer room. 3 computers running 24/7 >(distributed.net client of course..) tends to, um, "accelerate" homebrew fermentations. I just >had a batch of Chocolate Stout blow the airlock out, shattering it against the ceiling. The brown >spot on the ceiling is an interesting conversation piece tho.:)
\sage{ Blowoff tubes, my son. For most of us, the little 3/8 inch tubing does it, but in your case go for the wider tube (1.25"?) that fills the carboy opening itself (critical if you have lots of sediment) }
On TRO (The Real One), that's a constant issue with McCoy. But the budget didn't allow shuttles until the second season, so he spent a lot of time in them anyway. (For that matter, the transporter exists because the special effects for landing the ship each week were too expensive . ..)
Anyone who's never had sparks or fires from their electronics, and can't tell what type of component is burning by the smell, just isn't pushing them hard enough:)
hawk, who was nonetheless surprised to find yout that you really do get thrown across the room for touching the coils on a 9" crt . . .
It's not necessarily that noone bothers to read that far, but that after a few screenfuls, there is frequently nothing new. It makes very little since to upwardly moderate a post that has the same content as an earlier post that has already been upwardly moderated.
Also, I know that I'm usually only skimming after the first few screenfuls; I may miss something interesting, but I only have so much time . . .
I'd be surprised to see $25. Maybe $50 in an area where legal fees are around $100/hour, or maybe $50 beyond the cost of consultation (if there's a fee). In Las Vegas, I typically charged $100 (which was half my [then] hourly fee). If it was a very short consultation and a short letter, I'd probably apply the consultation fee towards it. More complicated issues, I'd tack it on after the consultation fee.
Keep in mind that a lawyer pretty much has to open and keep a file forever after sending one of these; it's not just five minutes on a typerwrite.
hawk, esq.
p.s. The suggestion below about sending a reasonable bill is a good one. $150 isn't out of line for a short article (about $200 for an op-ed piece in a large newspaper last time i checked). Paying it when clearly wrong costs them less than calling their own lawyer.
Instead, they are *very* reluctant to enjoin any form of speech, instead almost always leaving it as a damages issue.
Just last week, Ford attempted to have a site shut down. They got an initial TRO, which lasted pretty much until the other side showed up. In fact, the judge ordered Ford to assist in the resuscitation of the site--at the same time cautioning the publisher that thie was *not* permission to publish the materials, and that doing so could leave him liable for additional damages.
The general rule on speech is to award damages, but not to restrain it (short of national security issues such as war-time shipping schedules [and you *really* have to wonder why the editor of that paper wanted to publish those--perhaps under a special "U-boats" heading?]).
>...and 266-ppi panels should be out by the end of the year.
I believe 300dpi will be the magic number, as it was for the laser printer displacing daisywheel printers. 150 just doesn't cut it as easy enough on the eyes. At 300, electronic books, newspapers, etc. become as easy to read as the real thing.
What you need is legal advice from a seasoned criminal lawyer who is also well grounded in D.C. politics. And even then, you won't know for sure until the first cases reaches the Supreme Court.
This is playing with fire. Even if it's legal, expect to spend years and millions in court.
The authors have found things that were mismodeled as gaussian and instead follow another distribution. So what? There are plenty of distributions besides the normal that are assymettric and have fatter tails.
It *may* be that they've found another distribution that appears in multiple fields, but there's not enough here to judge this as a statistician. If it has any parameters beyond mean and variance, I'm not likely to be impressed--I can probably produce a three parameter beta distribution that's close.
hawk,wearing his Ph.D. statistician hat for the moment
I'm wandering *way* off topic here, but can you provide any pointers (preferably web, but paper would do) to a correct technical explanation of the airfoil?
In a prior life (before anti-trust attorney and professorof economics), my B.S. was in physics, and aerodynamic engineering was pretty much the only program I considered other than law . . .
>They wouldn't have to crack your Linux password, >they would just have to boot off a Linux >boot floppy,
Maybe on yours, but mine is configured to boot only from the hard drive, and changing *this* requires a password stored in flash memory (or whatever it is). Eliminating *that* can be done, but iirc, it's going to take special equipment (remove chip from board & flash) or a dealer.
Several years ago, I was about to buy a safe for my law office. As I lifted the safe off my shelf and on to the cart, I realized that it wouldn't be much use . . .
Slashdot Mirror
Taking yesterday's 26, and adding 3 points for a lawyerly post, I now have 30 . . .
:)
Hmm, is a penta-thingy handling this?
The outcome is clearly correct. The question is whether Hasbro should be sanctioned for an abusive filing for initiating the frivolous litigation.
There are *many* categories of trademarks in the U.S. A trademark in one category does *not* in any way block the identical trademark from being used in another category. That Hasbro has registered "Clue" as a game would in no way stop Ford from building a car called "Clue."
Somehow, Hasbro has gotten the idea that trademarks reach *much* farther in domain names than they do anywhere else. This is simply fallacious, and worthy of sanctions.
hawk, esq., once again griping that judges in general are far too slow to use their authority to sanction frivolous filings.
I'm seeing something similar. I thought that it first reported at 40, then it was 30, then 29, 28, now 26 . . . all without any of my posts being moderated . . .
>Don't you think the prices you charge are a bit over the top for the average person, if prices
>were lower more people would see justice around the world as they would be able to afford it.
It's not as if I got to keep those fees. My secretary wanted to eat, and demanded to be paid. The government insisted I repay the loans I took for law school. etc. I was at one point paying in excess of $100k/year for overhead, meaning that the first $8.25k/month went everywhere *but* me.
So, no, they were hardly over the top. I had to charge that much to stay in business.
Other parts of the country see lower overhead, and tend to charge less.
When you get down to it, the letters and consultations *don't* pay their own way. Even at those prices, they're more a public service than a money maker. Priced by the amount of time & resources they took, it would be closer to $200 for the letter and consultaton.
>Don't you think the prices you charge are a bit over the top for the average person, if prices
>were lower more people would see justice around the world as they would be able to afford it.
It's not as if I got to keep those fees. My secretary wanted to eat, and demanded to be paid. The government insisted I repay the loans I took for law school. etc. I was at one point paying in excess of $100k/year for overhead, meaning that the first $8.25k/month went everywhere *but* me.
So, no, they were hardly over the top. I had to charge that much to stay in business.
Other parts of the country see lower overhead, and tend to charge less.
>I'd love to move these out of The Oven, which is my computer room. 3 computers running 24/7 :)
>(distributed.net client of course..) tends to, um, "accelerate" homebrew fermentations. I just
>had a batch of Chocolate Stout blow the airlock out, shattering it against the ceiling. The brown
>spot on the ceiling is an interesting conversation piece tho.
\sage{
Blowoff tubes, my son. For most of us, the little 3/8 inch tubing does it, but in your case go for the wider tube (1.25"?) that fills the carboy opening itself (critical if you have lots of sediment)
}
>TOS covered the Federation when it was already mature
:)
umm, how do you define "mature" in a manner that allows sending Kirk around the galaxy in a heavily armed ship?
That was the real problem with the newer series: they introduced adult supervision:)
>That extention of the Foundation series by
:)
>someone other than Issac Asimov.
That extension of the Foundation Trilogy into a purported series by Isaac Asimov
On TRO (The Real One), that's a constant issue with McCoy. But the budget didn't allow shuttles until the second season, so he spent a lot of time in them anyway. (For that matter, the transporter exists because the special effects for landing the ship each week were too expensive . . .)
Anyone who's never had sparks or fires from their electronics, and can't tell what type of component is burning by the smell, just isn't pushing them hard enough :)
hawk, who was nonetheless surprised to find yout that you really do get thrown across the room for touching the coils on a 9" crt . . .
It's not necessarily that noone bothers to read that far, but that after a few screenfuls, there is frequently nothing new. It makes very little since to upwardly moderate a post that has the same content as an earlier post that has already been upwardly moderated.
Also, I know that I'm usually only skimming after the first few screenfuls; I may miss something interesting, but I only have so much time . . .
hawk
This stuff goes *way* back.
Or that old movie with R-45, etc., where the R indicated the percentage of human capacity that the machine reached, allowing transferance at R-100.
>Does anybody here ever use an RS-422 serial port to do anything?
iirc, that's what the Mac serial ports were (prior to geoport). I used it for years to network my law office.
hawk, esq., who has now gone years without a Radio Shack flunkee claiming that the RS before 232 was because Radio Shack invented it . . .
Apple drew heavily from NetBSD--and, contrary to GPL advocates' dire predictions, returned nice piles of bug fixes.
On another front, Caldera has decided that Wine has strategic value, and has *hired* a firm to contribute to that bsd license.
I'd be surprised to see $25. Maybe $50 in an area where legal fees are around $100/hour, or maybe $50 beyond the cost of consultation (if there's a fee). In Las Vegas, I typically charged $100 (which was half my [then] hourly fee). If it was a very short consultation and a short letter, I'd probably apply the consultation fee towards it. More complicated issues, I'd tack it on after the consultation fee.
Keep in mind that a lawyer pretty much has to open and keep a file forever after sending one of these; it's not just five minutes on a typerwrite.
hawk, esq.
p.s. The suggestion below about sending a reasonable bill is a good one. $150 isn't out of line for a short article (about $200 for an op-ed piece in a large newspaper last time i checked). Paying it when clearly wrong costs them less than calling their own lawyer.
Instead, they are *very* reluctant to enjoin any form of speech, instead almost always leaving it as a damages issue.
Just last week, Ford attempted to have a site shut down. They got an initial TRO, which lasted pretty much until the other side showed up. In fact, the judge ordered Ford to assist in the resuscitation of the site--at the same time cautioning the publisher that thie was *not* permission to publish the materials, and that doing so could leave him liable for additional damages.
The general rule on speech is to award damages, but not to restrain it (short of national security issues such as war-time shipping schedules [and you *really* have to wonder why the editor of that paper wanted to publish those--perhaps under a special "U-boats" heading?]).
hawk, esq.
>...and 266-ppi panels should be out by the end of the year.
I believe 300dpi will be the magic number, as it was for the laser printer displacing daisywheel printers. 150 just doesn't cut it as easy enough on the eyes. At 300, electronic books, newspapers, etc. become as easy to read as the real thing.
What you need is legal advice from a seasoned criminal lawyer who is also well grounded in D.C. politics. And even then, you won't know for sure until the first cases reaches the Supreme Court.
This is playing with fire. Even if it's legal, expect to spend years and millions in court.
The authors have found things that were mismodeled as gaussian and instead follow another distribution. So what? There are plenty of distributions besides the normal that are assymettric and have fatter tails.
It *may* be that they've found another distribution that appears in multiple fields, but there's not enough here to judge this as a statistician. If it has any parameters beyond mean and variance, I'm not likely to be impressed--I can probably produce a three parameter beta distribution that's close.
hawk,wearing his Ph.D. statistician hat for the moment
>Actually, due to the stipulations of TM law, they
>ARE selling "RedHat Linux". You can't trademark
>a noun.
That's oversimplifying matters. That aside, find a dictionary with "RedHat" in it . . .
>As a matter of fact, most drivers for the HURD
:)
>are actually taken from the Linux kernel
Which is why it's wrong to refer to Linux/HURD as simply HURD
[duck]
That is, they can patent the new model, but it would be perfectly legal to produce the old model with the expired patent.
The new patent covers the changes, but does not extend the old.
I'm wandering *way* off topic here, but can you provide any pointers (preferably web, but paper would do) to a correct technical explanation of the airfoil?
In a prior life (before anti-trust attorney and professorof economics), my B.S. was in physics, and aerodynamic engineering was pretty much the only program I considered other than law . . .
>They wouldn't have to crack your Linux password, >they would just have to boot off a Linux
>boot floppy,
Maybe on yours, but mine is configured to boot only from the hard drive, and changing *this* requires a password stored in flash memory (or whatever it is). Eliminating *that* can be done, but iirc, it's going to take special equipment (remove chip from board & flash) or a dealer.
Several years ago, I was about to buy a safe for my law office. As I lifted the safe off my shelf and on to the cart, I realized that it wouldn't be much use . . .