Good to be back from Denver, back to blogging: Seems like everyone wants a piece of Oprah. Most recently, it’s Simone Kelly-Brown, CEO of Own Your Power Communications INC., who says that her company created the phase, “Own Your Power,” and that Winfrey has been using the phrase to; “Identify Harpo (and) Oprah… as advocates for individuals to ‘live (their) best life’ through self-awareness and motivational communication, the same type as OYP services.”
It seems Own Your Power Communications INC. actually went through the U.S. Patent and Trademark Office to acquire exclusive ownership of the term “Own Your Power.”
Sounds like a classic trademark issue. One can certainly understand a how a titan like Oprah could swamp a tiny (by comparison) business and its concept trademark. This is what makes trademark law so tricky. Who would have thunk they couldn’t use a phrase that sounds so natural that it should belong to everyone and anyone who wanted to use it? How can people own language like that?
I used to like to say that my dear mother would never claim her power. It would have never occurred to me that phrase might be trademarked. I suppose it would have been okay to use it privately, but to use it in a commercial manner might have infringed on someone’s trademark rights.
But back to poor Oprah. It’s been all over the media how her new cable channel has seen disappointing ratings. Now she’s being sued by someone who seems to have a claim on a phrase that sounds so quintessentially Oprah-ish. Incidentially if you are in Denver and need ana amazing copywrite or Denver trademark attorney who also does business contract, probate and corporate law (also in Highlands Ranch) in addition to being a trademark attorney in Denver I can suggest this awesome firm.
A Fox News editor’s piece has reported that the lawsuit claims that Oprah has used “OYP” to brand herself and Harpo as advocates for individuals to ‘live (their) best life’ through self-awareness and motivational messages, similar to OYP’s business services, and that Winfrey and Harpo has “brazenly unlawful disregard for the existence and use of (OYP’s) trademark.”
The Fox report, posted on August 2, 2011, under the title, “Oprah Winfrey sued over using slogan ‘Own Your Power,’” quotes the lawsuit as stating: “Under such circumstances, with (Winfrey and Harpo) being much larger, spending more money, having a wider reach, and an overlapping audience with the much smaller Company, particularly with one of the most influential women in the world at the helm… (OYP has) been irreparably harmed.”
Oh, well. I guess we don’t need to worry about Ms. Winfrey too much. She can probably afford a good lawyer. There will probably be a meaty settlement with stipulations that the “details remain private” so we’ll never know how much money will be involved in resolving the case
August 3, 2011
Even for Oprah Trademark Law a Very Tricky Business
March 30, 2011
Some facts about Sports Injuries
It seems that sports stars are not the only ones to get series sports injuries such as a rotator cuff tear and the like: The National SAFE KIDS Campaign and the American Academy of Pediatrics (AAP) were noted by Children’s Hospital Boston for statistics that show that about three million or so kids, ages fourteen and under, are injured every single year playing sports or during recreational activities.
Not surprisingly, the number one cause of death from a sports-related trauma is a brain injury. SAFE KIDS says sports and recreational activities contribute to roughly twenty-one percent of all brain injuries seen in American kids and adolescents. A rotator cuff tear is one of the biggest of these sports injuries overall.
Also according to SAFE KIDS, 775,000+ children and adolescents, 14 and under, receive treatment in hospital emergency rooms for sports-related injuries every year; most of the injuries are caused by falls, being hit by an object, collisions, and overexertion during sports-related activities.
Also according to Children’s Hospital Boston’s website, the playground, sports, and bicycle-related injuries happen most frequently with young children, from the ages of five to 14 years old.
Bicycle- and sports-related injuries also affect older children and adolescents, in addition to overexertion, says the hospital’s website, but the highest rates of injury happen during sports that involve contact and collisions. Generally speaking, many folks are turning to treatments such as prolotherapy and PRP injections to deal with a rotator cuff tear and other such injuries. I can recommend this Prolotherapy Santa Monica
Another interesting fact: 60 percent) of these injuries happen during practice.
Baseball may seem tame compare to football, but almost 117,000 children and adolescents five to 14 years old had to be treated in hospital emergency rooms for baseball injuries, and almost 26,000 children and adolescents, five to 14, had to be treated for injuries from playing softball.
One last fact to take note of: Baseball is responsible for the highest fatality rate among sports for kids….”
February 6, 2011
Celebrity Home and Real Estate Sales on the Rise
Whether in Big Bear, California, the island of Mauai or elsewhere, celebrity home sales (and foreclosures for that matter) have been on the rise. For example, piano man Billy Joel has put his Sagaponack, New York house up for sale at about $18.5 million. This upstate property from the downtown man was originally listed for about twenty million or so back in 2009, and he had bought it from actor Roy Scheider,(of “Jaws” and “All that Jazz” fame) for some sixteen million and then completely renovated it by the famous designer Nate Bercus. All in all, his home has four bedrooms overall, six bathrooms plus cool terraces on both floors
which offer some great views of the Atlantic. This reminds me of some Maui real estate I saw on my recent trip there. For it’s part, the first floor in question has master-bedroom with fireplace and master-bath. Three guest-rooms also located on the first floor and have private baths. The second floor includes huge living room with two fireplaces and cathedral-like vaulted ceilings, the office and the chef’s kitchen. Every house in the
Hamptons is priced outrageously! In California, I noticed an actor who will remain nameless has sold his exclusive Big Bear real estate for a bundle.
In addition, peaking of California, comedian Jack Black recently purchased a house in Los Feliz, CA, for $5,965,000 from the Red Hot Chili’s bass player Michael Balzary.This house was not listed in the MLS for privacy reasons, as it often happens with celebrity homes. Blck’s Los Feliz home has 6,516 sq. feet of living space, 7 bedrooms and 3 baths. Plus, it also has a large swimming pool. Balzary purchased this home in 2008 for $3,850,000 and he is also selling his Malibu property for $10.9 million. All this outrageous prices make me wonder why these not so talented people have all this money? And of course we all know what has happened to Nic Cage’s properties in New Orleans as well.
November 23, 2010
Upstate New York Real Estate – The Perfect Getaway For NY Celebrities
Maui real estate should be your target destination when you are looking for peace, quiet and natural, rugged surroundings. The landscape is exquisite; mountains, trees and lakes abound. If plenty of acreage and gentle rolling hills sounds like something that would calm your nerves and relax the stress away, Maui real estate is where it’s at.
Not only is this beautiful destination soothing to your senses, it is a feast for the eyes as well. Imagine old-fashioned farm houses and cottages scattered randomly throughout the landscape, some setting on waters edge while others are nestled cozily amidst the trees. With tracts of land that are spacious (4 or 5 acres on
average) in all shapes and sizes, Maui is the perfect place for those who would rather not have neighbors visiting over the fence every time they go outside.
Are you aching for a rural-like setting where nature is the primary source of beauty? Majestic mountains reflect amazing colors; lots of trees provide shadows of shade that move throughout the day as the sun moves across the sky. Plenty of lakes offer the best fishing and boating – or you may want to build your own cabin or cottage right on the lake, so you can fish from the dock every morning as you enjoy your coffee. Sometimes the description of a certain area may sound like Heaven, but Maui real estate really is like Heaven – it isn’t just a dream.
The really great thing about this area is that it brings to mind an era long ago – the early 1900s. The architectural design of many of the homes here is early American, so that cabins, farmhouses and cottages offer all of the charm of those a century ago. While these homes have a romantic and old-time appearance, most are new – which means you won’t find the problems you ordinarily find in older homes. Modern amenities make life simple and easy.
Many of the homes you find with Maui real estate offer claw-foot tubs, old-school radiators and totally awesome kitchens! Even in your fondest memories of grandma’s house, you cannot match the beauty and charm offered in these homes. Whether you want to get away from it all on a temporary basis, or are considering a permanent change of address, you cannot find a place on Earth that rivals what
Upstate New York real estate has to offer.
November 21, 2010
Did Michael Jackson do alright with his Estate Planning?
As i return from Chicago after speaking with my attorney I want to get back to writing, and about an issue I have been curious about ever since the very tragic death of one of the most beloved entertainers of all time. While it certainly true that he was often eccentric and some (alright a lot) of the choices he made in his life seem downright delusional and even removed from reality.
For instance, why did he have all of that plastic surgery? Whay did he live in a bubble for a while? Why did he pay to put a voodoo curse on a certain powerful Hollywood producer who apparently irked him?
There is no doubt that the man was a haunted soul, I think that we can all agree on that much. And yet he was by no means wacko and he definately was not a dummy at all if you look at the way he did his estate planning overall. It is fair to say he had a good attorney or more likely a whole tean of qualified estate attorneys on his side, which was aprudent move indeed considering the sixe of his estate.
It has been reported in the media that Jackson’s loving Mother, Katherine Jackson, will be well taken care of, although she will not inherit all the money or control it.
The Jackson estate trustees are John Branca and John McClain, and Jackson set it up for them to have the final word as to what money should go to the beneficiaries. Speaking of that, if you live in Chicago or perhaps in nearby areas and need a first rate Chicago estate planning attorney then allow me to recommend this top firm as they are very good and are based in Chicago.
Jackson’s death made him the best-selling artist of 2009 in America. More than 35 million albums sold worldwide in the 12 months that after his death. Then Sony released an announcement that they made a deal with Jackson’s estate to extend their distributorship of his music. The distribution rights Sony Music possessed had an expiration date set for 2015.
On March 16, 2010, Sony Music Entertainment signed a new contract with those wily trustees of the Jackson estate to extend their distribution rights until at 2017.
Sony also secured the right to release ten new albums with unreleased material along with previously released work. Also in 2010 Sony announced that a posthumous album would be released in December.
It has also been reported that Sony Music will pay $250 million for the deal with the Jackson estate. Royalties for all works released will also go to the estate
May 30, 2010
Why Upstate New York Real Estate is a Prime Destination
The risch and famous love upstate new York, even when they have a penthouse in the city. Upstate New York real estate is the perfect place to buy or build your home away from home, or a permanent residence. If you live in New York city or any other big city, you will understand why this area is such a gift to your state of mind, your health, and your family. Forest covered mountains, rolling hills and clear lake
waters will make it nearly impossible to believe that congested city life is just a little over an hour away.
For those who enjoy the beauty and solitude of country life, Big Bear real estate is a prime area for living life the way it was meant to be lived. Newly constructed cottages, cabins and farmhouses are built to look like those of a century ago, and these homes fit naturally in to their surroundings. Can you imagine spending a weekend (or every day of the week) in an old-fashioned home with all of the modern amenities, surrounded by rolling hills, plenty of shade and majestic mountains? The atmosphere is charming and romantic, a far cry from life in the city.
If you have ever longed for that lonely old house on the hill, Upstate New York real estate is where you are likely to find it. Build or buy a home at the edge of the lake, or choose to hide away from civilization tucked far into the trees, where you find plenty of privacy and room for the kids to run wild and free. Early American
architecture results in homes that are spectacular, and take you back to the early 1900’s when homes included painted salvaged wood ceilings, clawfoot tubs and wide plank floors. For those who love old-fashioned living, Big Bear real estate offers peaceful surroundings and spectacular views of nature in all its glory. Can you imagine a new “old” home that looks as though it came straight from the good old days, but has a security system, audio throughout the home, and a very cook kitchen? When you are ready to take a couple of days to rejuvenate your mind and soul, or to live in an area where congestion, crowds and pollution aren’t in the vocabulary, Big Bear real estate offers all of this and more. Shop the quaint shops, go fly-fishing, hike or simply stretch out in a hammock in your own
front yard and enjoy your surroundings. When you want to retreat to a place like no other on earth, Upstate New York real estate is your prime destination at Big Bear. Come experience the quaint charm of country
living, and the amazing farmhouses, cottages and cabins that add to an atmosphere of
days gone by.
February 24, 2010
Anne Tyler and Family Quirks and Secrets
One of my favorite authors is Anne Tyler. Her books are subtle portraits of the idiosyncrasies, the eccentricities, the quirks and foibles found in every family. In Tyler’s novel, Back When We Were Grownups, she tells the story of a woman who becomes the hub of a large family that she has married into. She is so taken for granted that no one really knows her true feelings, or bothers to ask. They only know, or wish to know, that she is there for them. The woman has secrets, not because she is secretive, but because her family fails to see her as the complex being she really is. What kind of secrets? Could it be something about a leather or pink diaper bag? Or perhaps even tote diaper bags
or something off the wall like that? Yet I digress, I know. No more talk about diaper bags in this blog post, lol.
Another classic family story that was made into a movie is Ordinary People, by Judith Guest. Guest won the Janet Heidinger Kafka Prize from the University of Rochester for the novel, and several years later, the book became a motion picture of the same name, directed by Robert Redford, that won the 1980 Academy Award for Best Picture.
In the story, the youngest son, Conrad Jarett tries to kill himself. He cannot live with the guilt that he survived a boating accident in which his brother died. His brother was his mother’s favorite, and she cannot hide her grief and anger that the favored son, the one who made her proud and made her laugh, died, and the son she could not relate to—survived.
The dynamics of family are powerful and mysterious. We all have experienced them in some form or another.
February 16, 2010
Some Presidents Have Been Extreme Pet Lovers
I just returned to Utah state from Phoenix, had to deal with some elderly care issues there, writing time again. Beginning with George Washington, the ‘Father of Our Country’, who kept 36 hounds and 12 horses for his favorite sport of fox hunting, being an animal lover has been a common trait—almost a patriotic emblem—for past presidents. Not to switch topiuc but if you need some Scottsdale Phoenix nursing homes I can suggest these Phoenix and also sun city nursing homes with good assisted living and other top elderly care features. Speaking of that, this reminds me that I need to go back there and look at some homes for sale in scottsdale Arizona, specifically I am looking for luxury real estate homes for sale in Scottsdale overall.
Some of Washington’s horses had been with him since the Revolutionary War of the 1770’s. He gave them names such as Samson and Steady. Interestingly, the dogs had alcohol-related names, such as Tipsey and Drunkard. I am sure they had a good grooming service. Hank Pellissier wrote an article on the subject for the San Francisco Gate on February 16, 2004 called, All The Presidential Pets. Pellissiers says that George chased foxes on Sunday morning, instead of praying at church like his current smaller namesake in the White House because, like many original patriots, he was not a believer. This, says Pellissier, is according to Dr. Philip Schoenberg, a history professor at New York’s College of Aeronautics and owner of a Web site called “The Presidential Expert.” All in all, Pellissier’s fascinating article also notes that:
When old George contracted laryngitis in 1799, physicians attached more than 100 leeches to the great man’s torso — a common healing procedure at the time — and the vicious little bloodsuckers fatally drained all the life out of him.
Pellissier explains that Abe Lincoln had a, “… menagerie of cats, dogs, goats, ponies, etc…” Meanwhile, Calvin Coolidge loved dogs. He had a terrier, an Airedale, a bulldog, a Shetland sheepdog, a “police dog,” and a “bird dog. He also had two chow chows and three collies. He also owned canaries, a thrush, a mockingbird, a goose, a donkey, two house cats, a bobcat, and two raccoons! Speaking of this, if you need a superb Utah state firm then allow me to refer C & C, they are cuitting edge in the realm of this and the like, while on the other hand if you find yourself needing a wonderful utah life insurance companies then I can suggest these utah state life insurance companies which also do business, auto, care and home as well as the aformentioned life insurance in the state of Utah overall. They are one of the top pet grooming services in all of the greater Salt lake City area overall.
Teddy Roosevelt was even more animal-crazy, although he was a hunter who killed thousands of animals in his time. Pellessier quotes Philip Schoenberg as saying, “Teddy had everything, even a pet cemetery at Sagamore Hill, his home on Long Island.” I am sure he had a good dog groomer too.
Roosevelt kept 12 horses, five dogs, five guinea pigs, two cats, garter snakes, a horned toad, a pony, two kangaroo rats, a flock of ducks, a flying squirrel, a badger, a pig and a blue macaw named Eli Yale. He probably had a great pet boarding services as well, I would wager to guess.
January 31, 2010
Many Celebs getting facial Implants these days
Celebrities are well known for getting nose jobs, breast augmentation and other surgical procedures of a cosmetic nature. These days a majoe trend has been towar facial implants as well. What Are Facial Implants, How Are They Done, and What Do They Do?
Facial implants are used to balance facial features, define a slack jaw line, or fill out cheekbones. The implants themselves are FDA-approved plates that are placed in front of the bone of the chin, jaw, cheek or other facial areas. Many folks are also turning to prolotherapy and PRP as well, For it’s part, PRP stands for Platelet Rich Plasma Therapy.
Patients whose skin has loosened around the face, with skin retaining enough elasticity to be repositioned successfully make the best candidates. Facial implants may be used to improve a slackened jaw line, or the appearance of reduced bone structures.
Facial implants should be done by a board-certified plastic surgeon. The surgery may be done in an office surgical operatory, outpatient surgery center, or in a hospital. The procedure takes about 30 minutes to one hour. It may be performed under local anesthesia or under general anesthesia. For some famouse people, facial implants have augmented breast enlargement as well as other procedures, such as PRP and prolotherapy injections, although not so much for cosmetic reasons per say. along with various types of facial reconstruction. Robert Redford, for example, ha had facial reconstruction done in the past.
Usually a patient is released the same day. Occasionally a patient may need to spend a night at the hospital.
The most common facial implants include cheek, chin and jaw implants. During cheek implant surgery, an incision is made inside the mouth, or under the lower eyelid or the upper lip. The surgeon opens a pocket for the implant to inserts the implant into. A is applied to reduce swelling and discomfort.
After the procedure there may be some swelling and soreness in the cheek area. The cheeks may feel taut. Pain medications may be prescribed. The surgeon will let the patient know when to resume normal activities. Usually discomfort is mild and the patient is able to normal activity in a few days
January 10, 2010
In Denver News, Charlie Sheen Arrested In Aspen Christmas Day
I just returned from Dallas after an auto repair, and I have some celebrity news. Actor Charlie Sheen arrested in Colorado, read the headline in an Associated Press article published on Friday, Dec. 25, 2009, in the Denver Post. Sheen was released in the late afternoon after posting $8,500 bond. Officers answered a call to 911 from a house in Aspen. The upscale ski resort town lies about 200 miles west of Denver. Officers arrested the 44-year-old actor, Charlie Sheen Friday morning on criminal charges. For his part, Sheen sat in jail in Colorado for most of Christmas Day. He was held on domestic violence allegations. I am sure he has good criminal defense lawyers. Did he ever get a dwi or dui? An ambulance was sent to the house, but the accuser was not transported to the hospital. His attorney did not leave a statement as of yet. The actor’s wife asserted that he threatened to kill her. She told police that Sheen pinned her on a bed and held a knife to her throat. Allegedly the assault began on Christmas Day when she told him she wanted to see a divorce attorney.
According to the warrant affidavit, Brooke Mueller Sheen was quoted as saying that her husband straddled her on a bed with one hand grasping her neck and the other holding the knife. She said he told her: “You better be in fear. If you tell anybody, I’ll kill you. Your mother’s money means nothing…..”
Last Wednesday lawyers for the Sheens said the couple want to reconcile, despite the incident. Brooke Sheen’s attorney, Yale Galanter, told The Associated Press, “They’re very much in love. They want to try to work it out…..”Charlie Sheen’s attorney, Richard Cummins confirmed that his client wants to reconcil with his wife despite the domestic violence incident. Cummins filed a court motion on Wednesday asking a judge to dismiss a restraining order that prevents the couple from having contact.
Prosecutors say they likely won’t make a decision until February on whether to file charges against Sheen in the alleged domestic violence case in Aspen, under suspicion of menacing, second-degree assault and criminal mischief. Chief Deputy District Attorney Arnold Mordkin was quoted last Monday as saying the menacing charge is the most serious. The charge usually carries a sentence of two to eight years in prison and a fine of $2,000 to $500,000. As an aside if you are looking for a Dallas DUI lawyers then you may wish to look at this firm for DWI and dui related cases. They can help with a wide array of criminal defense relatted cases including drunk driving dui and related criminal defense cases, and not just the aforementioned domestic violence related cases.
Sheen stars in “Two and a Half Men,” a television show on CBS. After being taken to the Pitkin County jail, he was booked for investigation of second-degree assault and menacing. Aspen police spokeswoman Stephanie Dasaro said the charges are felonies, except the charge of criminal mischief, which is a misdemeanor. Did he not have an incident in an auto a while back? I guess he needs to repair his image at this point.