January 22, 2005

Sad news

I just found out my Grandma died yesterday. She was the mother of my dad who died when I was three. We never really kept in touch with that side of the family, so I hadn't seen her in a long time. She's been pretty much incapacitated for the past 12 years, and the last couple times I did see her I don't really think she knew who I was. So I guess her passing isn't really a bad thing. Still sad though. She's being creamated and I'll be going to her memorial service on Feb 12. It will be very wierd seeing all my long lost relatives again.

Posted by Shane at 02:06 PM | Comments (0)

January 20, 2005

Mad World

All around me are familiar faces
Worn out places
Worn out faces
Bright and early for the daily races
Going no where
Going no where
Their tears are filling up their glasses
No expression
No expression
Hide my head I wanna drown my sorrow
No tomorrow
No tomorrow
And I find it kind of funny
I find it kind of sad
The dreams in which I’m dying are the best I’ve ever had
I find it hard to tell you
I find it hard to take
When people run in circles its a very very
Mad world
Mad world
Children waiting for the day they feel good
Happy birthday
Happy birthday
And I feel the way that every child should
Sit and listen
Sit and listen
Went to school and I was very nervous
No one knew me
No one knew me
Hello teacher tell me what’s my lesson
Look right through me
Look right through me
And I find it kind of funny
I find it kind of sad
The dreams in which I’m dying are the best I’ve ever had
I find it hard to tell you
I find it hard to take
When people run in circles its a very very
Mad world
Mad world
Enlarging your world
Mad world
 
- Tears for Fears (but the Gary Jules version is better)

Posted by Shane at 06:10 PM | Comments (0)

January 17, 2005

Won't be doing that again...

I was feeling pretty shitty on Friday night and took the whole drowning my sorrows thing a bit far. I had a 1.18 litre bottle of 10% beer, about 4 or 5 ounces of Absynth, four Ketorolac (a painkiller my dentist prescribed) and a bong hit of Salvia Divornium. God, I won't be doing that again. At least I got a good night sleep.

Posted by Shane at 12:10 AM | Comments (0)

January 13, 2005

Hunter S. Thompson

"Nobody seems to know what my crimes are. The charges are vague but.. I am actually on trial for Sex, Drugs, and Rock and Roll...".

-Hunter S. Thomson

A co-worker has turned me on to Hunter S. Thomson by lending me a copy of "The Kingdom of Fear". I knew of the doc from the movie "Fear and Loathing in Las Vegas" and from a song he wrote with Warren Zevon, "You're a whole different person when your scared" but had not read any of his books until now. I'll be reading them all now, this is really my kind of guy.

Thomson is known as the king of "Gonzo Journalism". He has written for many media outlets, always living outdside of the rules. He's a self professed drug feind who loves fast cars, motorcycles and rock and roll, and who never fears to write what's on his mind. In "The Kingdom of Fear" he writes about such things as his almost successfull run for Sherrif of Aspen on the "Freak Power" ticket; the infamous 99 day trial where he was charged with various drug offences and sexual assault and possession of explosives(the charges were dropped), his exploits as a foreign corespondent in various countries, many run ins with the law, and his political views and criticisms of the Bush administration and the war on terror. And that's just the tip of the iceburg.

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Posted by Shane at 02:34 AM | Comments (0)

January 10, 2005

Avagram

Somebody I know wanted to read this. It's an email I received from a law firm representing the Church of Scientology on Oct 11, 2002.

> Dear Mr. Wilson:

> Our office represents Religious Technology Center ("RTC"), the owner of the
> federally registered trademark and service mark "SCIENTOLOGY". The mark
> "SCIENTOLOGY" is registered with the United States Patent and Trademark Office
> under registration numbers 1,755,441; 1,540,928; 1,342,353; 1,329,474; 1,318,717;
> 1,306,997; and 0898018. It is also registered with the trademark office in Canada under registration numbers TMA 214651 and TMA 308687. We also represent the Church of Scientology International ("CSI"), which is the licensee of the "Scientology" trademark.

> Both CSI and RTC are non-profit religious organizations. CSI and its sub-
> licensees use the registered trade and service mark "SCIENTOLOGY" in connection
> with providing religious and humanitarian services and counseling, seminars, books,
> classes, and lectures, among others. Many of these are promoted through various web sites, including "scientology.org", "dianetics.org", etc.

> We have been advised you have registered our client's federally registered
> trademark "SCIENTOLOGY" in the following domain name:

> "scientolgy.org"

> You are hereby on notice that the registration and use of our client's federally
> registered trademark in this domain name has caused your name and the corresponding web site to be falsely associated with our client's registered mark as owner and creates a likelihood of confusion as to the source or sponsorship of this domain name and web site in violation of United States state and federal law, including the Lanham Act, 15 U.S.C. _ 1125(a) and Canadian trademark law. Your adoption of the term "Scientolgy" is so like the federally registered trademark "Scientology" in form, spelling and sound as to constitute infringement pursuant to the Lanham TradeMark Act, 15 U.S.C. _ 1114. AMF v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979); G.D. Searle & Company v. Chas. Pfizer & Company, 265 F.2d 385 (7th Cir. 1959).

> Your use of our client's mark in this manner also constitutes an unlawful false
> designation of origin and as such, violates _ 43(a) of the Lanham Trade-Mark Act. This prohibits any use of another's trademarks that is "likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person." America Online, Inc. v. IMS, 24 F.Supp.2d 548, 551 (E.D.Va. 1998). Here, there is no question that these elements are met as you are using our client's registered mark for the purpose of diverting persons from the official Scientology website to websites that are clearly anti-Scientology.

> The federally registered trademark, Scientology, is also famous, distinctive and
> unique. Your use of this mark in this manner dilutes the distinctiveness of the mark in violation of the federal trademark antidilution statute, 15 U.S.C. _ 1125(c). See,
> Archdiocese of St. Louis v. Internet Entertainment Group, Inc., 34 F.Supp.2d 1145 (E.D. Mo. 1999); Mattel, Inc. v. Internet dimensions, Inc.., 55 U.S.P.Q.2d 1620 (S.D.N.Y. 2000); Deere & Co. v. MTD Products, Inc., 41 F.3d 39, 43 (2nd Cir. 1994).

> The Anticybersquatting Consumer Protection Act ("ACPA") is also implicated by
> your registration of this domain name. The Act makes it illegal for a person to register or to use, an Internet domain name, that is "identical or confusingly similar" to the distinctive or famous trademark of another person or entity. Shields v. Zuccarini, 254 F.3d 476 (3rd Cit. 2001). Statutory damages can be awarded for violation of the Act in an amount not less than $1,000 and not more than $100,000 for each domain name. 15 U.S.C. Section 1117(d). Recently, the court in Shields imposed a $30,000 statutory damage award against a cybersquatter under the Act.

> Under Canadian law, your use of the "scientolgy.org" domain name falsely leads
> the public to believe that there is some connection between our clients and your web site and the anti-Scientology sites referred to therein. The deception of the public resulting from your misrepresentation potentially damages the goodwill associated with our client's trademark. It therefore constitutes grounds for legal action under Canadian trademark law for "passing off," as defined in Ciba-Geigy Canada Ltd. v. Apotex Inc. (1992), 44 C.P.R. (3d) 289 at 296 - 299 (S.C.C.). Canadian courts have specifically recognized that the use of domain names that damage to the goodwill enjoyed by an entity via public deception as to that entity's affiliations with another constitutes passing off: see British Columbia Automobile Assn v. OPEIU (2001), 10 C.P.R. (4th) 223; Law Society of British Columbia v. Canada Domain Name Corporation, [2002] BCSC 1249; Saskatoon Star Phoenix Group Inc. v. Noton (2001), 12 C.P.R (4th) 4 (Sask Q.B.). Further, in Law Society of British Columbia the court indicated that the mere registration of a domain name that is highly similar to another's trade-mark may be sufficient to demonstrate the public deception element of passing off.. Awards accorded by Canadian courts to successful plaintiffs in passing off cases involving domain name abuse include damages and an injunction to compel a party to stop using a domain name: see Saskatoon Star Phoenix and Law Society of British Columbia. Moreover, in Saskatoon Star Pheonix, the court ordered that the domain name be transferred to the plaintiff.

Accordingly, we request that you immediately cease and desist the use of this
> domain name and transfer it to our client, CSI.

> Thank you for your anticipated courtesy and cooperation with this matter.

> Sincerely,
> Ava Paquette
> Moxon & Kobrin
> 3055 Wilshire Boulevard
> Suite 900
> Los Angeles, California 90010
> Tel: (213) 487-4468
> Fax: (213) 487-5385

Posted by Shane at 01:03 AM | Comments (0)