I wonder if arguments will start over this. LOL
I wonder if arguments will start over this. LOL
The only way to get over your fear of what is out there is to look at it, learn about it, and then do something about it.
Besides, it’s the long weekend for many so no one should catch me messing around on WordPress. I am really just testing the link to facebook, but these latest posts will get you caught up.
While I don’t live in the United States of America, Canada and most countries in “the West” do share common legal approaches. My OPINIONS should not be considered legal advice, but should make for a good starting point for those of you who have been witness to the latest travesty in indie-authordom. Unless the reprobates currently running the U.S.A. have completely flushed America down the proverbial turlet, then what I am about to share with you will probably still be upheld in their courts.
I rarely use Wikipedia as a source, but they did offer a sound definition in this case.
“A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.”
IF some poor misinformed soul did want to Trade Mark the word cocky, they are completely within their legal rights to do so. HOWEVER, as no person or corporate entity may hold title of a commonly used word, the Trade Mark office requires that the word in question be presented in an original form, a.k.a. artwork and even a custom font or in an existing font USED WITH WRITTEN PERMISSION.
We might as well cover all the bases while we are on this ridiculous topic.
“A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.”
So unless the individual in question INVENTED the word, they can’t go down this road.
“The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.”
Every time a writer PUBLISHES, they are protected by Copyright law. HOWEVER, we live in an age where everyone sues their neighbor over the slightest thing. Thanks for that America. This translates into a shit pile of lawyers making money on every tiny fender-bender or slip-and-fall. Authors would be well advised to actually get Copyright protection in their own country at the very least, as it carries a bit more weight than a mere publishing date.
Yes, if it is the title of your work and no one has ever used it before. HOWEVER, this only protects the Copyright holder from having others use the EXACT SAME TITLE. It does not give the Copyright holder EXCLUSIVE rights to the word.
They are not called “sharks” for nothing.
“Is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won.“
Yes kids, this is probably what is going on here. Some law firm is exploiting this poor author knowing full well the case has no chance.
There are any number of possibilities. But first, why am I not worried about using the word Amazon in this piece? It’s simple, they don’t own the word—just the presentation of the word as a Trade Marked corporate logo in context with a certain type of business. The Amazon river was there long before the company, and it will be there long after the company is gone.
Smashwords and Ingram Spark are looking better and better, aren’t they?
. . . I get a cease and desist order telling me to take down this blog because it contains the word cocky, I will have my lawyer fire one back telling them what a cocky prick I am, and that I suggested ‘they should all have intercourse with themselves’. Of course what I would actually say to my lawyer in this hypothetical instance would be: Tell them they can all go f*ck themselves.
A frivolous lawsuit is there to incite an EMOTIONAL RESPONSE. My lawyer is there to START A NEGOTIATION, as is the lawyer of this author. My lawyer will water down my message to make me appear more reasonable so A RESOLUTION CAN BE REACHED.
As usual, my mind is questioning the motivations involved here. Is this a PR stunt? Did the-powers-that-be create a new distraction just for indie authors so we won’t pay attention to a US administration just itching for a war with anybody? I guess time will tell. Until then, stay cocky everyone.
It’s been a long, long, long time since I have had a day like this－literally years since I published a slightly impaired blog titled: An Intoxicated Tirade, or words to that effect. A conscientious blogger would create a link, but I don’t care.
Life as a struggling author is tough, and full of duties and obligations. Today was different though; I fulfilled all those daily tasks by 2:00 p.m. on a sunny and warm Sunday afternoon which allowed me a shopping trip including a visit to the liquor store.
It should be noted that I mark the return of warm weather with a cocktail we Canadians call a Caesar－made from tomato/clam cocktail, vodka, and spices, including salt, pepper, celery salt, Worchestershire sauce (Did you seriously expect me to spell it right?) and Tobasco sauce. (Ditto.)
I spent TWO magical hours alone with my thoughts (and the booze) in direct sunlight which has always been my drug of choice when I needed to re-energize and refocus. There was a part of me who screamed I should have a book with me or what will the neighbors think? F*ck ’em.
I moved to this neighborhood to be amongst the poor and down-trodden. Granted, houses in this area sell between one and two million dollars, but that does not mean the people here are rich; they just have good credit. As property values have gone from ridiculous to insane while I have been here, it led me to think about the retirees on a fixed income being displaced because they could not keep up with their property taxes as their property’s value exploded, forcing many to take out equity loans just to keep their homes.
After the second drink, I noticed a deep exhalation that I am certain has not been a part of my existence for some time. Some people meditate to accomplish this state-of-being, but I have not been making the time for any spiritual journeys of this nature lately. I am just too damn busy.
So, about the squirrels . . . Ever notice the squirrel who is busting his (or her) ass (Who can tell?); digging up chestnuts and running across a busy street to bring home the bacon? He/she is unlike the other squirrels who have trained humans to feed them, and who unknowingly have become reliant on their trainees. I respect the hustler’s choice. I hope he/she doesn’t get squished by one of the vehicles travelling much too fast in our school zone.
It occurred to me upon sipping my third drink, I could really use more days like this. This prompted a revised want ad stolen from my book.
Dinner Update: One part is burnt, and one part is still frozen. Balance is key.
On to the airplanes－you can’t help but notice them while you are positioned to be face-first into the setting sun in the West, which coincidentally, is also where our airports are, relative to where I live. There are fast-movers, a.k.a. military stuff, at serious altitudes leaving twin contrails. Those are our F-18s. I did however see a fast-mover with a single contrail; I hope we didn’t buy one of those piece of sh*t single engine F-35s.
FYI: The texture of my chicken patties can be best equated with cutting cardboard with your standard cutlery. And again, I don’t care. Two hours of direct sunlight and four cocktails will do that to a person.
My man-bun-daddy neighbor with way too many health issues for his age and I just talked about using some of our more useless neighbors as food when the apocalypse comes. I suggested a barbecue sauce.
What are the passers-by thinking as they acknowledge my smile, nod, or wave as I sit in my lawn chair basking in the sun? Are they jealous of my leisure time inactivity, or do they think I am hurting property values in the neighborhood? At the moment, I can confidently state I don’t give a flying f*ck about what others think.
One neighbor who regularly parks her car in front of my house chatted about her court day with our street’s bandit parking cop, and how she was kayaking on a river today. She does lead an interesting life.
I chatted briefly with my hot neighbor about how confusing this time of year was for her when it came to choosing what to wear. She was in sandals and a sweater coat. I suggested she remove the coat.
I saw some kids playing road hockey while armed with squirt guns. I guess I didn’t get that memo.
Birds chirping; the sounds of motorcycles and children at play; and the guy with saws. Dude, give it a f*cking rest already.
I thought up a killer book idea, but I’ve thought that before . . .
Much can happen in two hours if you go outside to figuratively stop and smell the flowers.
I admit I have been neglecting this blog, but sh*t happens. My Ms. Creant site blog has kept me busy with a ten-ish part series on the book publishing game. If you are a soon-to-be-published author not picked up by the big 5, you would be well-advised to tune in.
It’s now 10:30 p.m. and my nightcap is almost gone.
Ever notice how I only use contractions when I’m drinking?
I just witnessed an act of Christian terrorism on my street.
While many of us were erecting ladders to put up Christmas lights, others had even more politically incorrect intentions.
A woman with her three girls from a few doors down, just skulked passed my house carrying a large standup carboard cutout of Jesus which they covertly placed in front of another neighbor’s house, a few doors up the street from where I live. I am guessing this mom is an artist, and the girls all participated in this craft project. I do not know either of these neighbors, but I grinned as the perpetrators ran by in a full retreat. A short while later, the terrorist leader mom walked by again to take a picture of their evil-doings; presumably to be used in a propaganda victory speech which would undoubtedly be posted on their radical facebook page tagging the victims. As she returned from her photo recon bomb damage assessment mission, she commented to me, rather matter of factly, “He hates religion.”, to which I replied, “Oh my.”, still wearing my amused grin but laughing hysterically on the inside as this woman had no idea who she was talking to. To me, this Sunday was quickly becoming more entertaining than any of the ones spent in the hundreds of Houses of Worship I have visited in my travels. It would not take long before a woman, who I presume is the wife of the aforementioned “He”, would walk by looking a little embarrassed as she carryied the big Jesus back to the terrorist’s encampment. I suspect this was just a good-natured prank among neighbors as big Jesus was leaned carefully against a tree in the yard of the terrorist’s command and control bunker, and no hostile words were uttered or shots fired as she departed.
We must now look at the victim of this atrocity who was targeted by these extremists because “He” believes differently. “He”, who apparently “hates religion”, could be an atheist, and if this is the case, we should be respectful of his choice of belief system. But what if “He” is not an atheist? What if “He” is like me? What if “He” has come to despise most religions as I have, because they have corrupted the messages of God and their various prophets in order to amass wealth and power—often promoting division, hate, the subjugation of women, and even violence. Am I next? How long before I can expect big Jesus in my garden? I think it’s time to pick a religion just to be on the safe side.
So. let’s see what comes up when I google: What religion should I follow? Oh look, Belief-O-Match; they should be able to tell me. After taking their quiz, they decided I am a Seventh-day Adventist? I don’t know this one. Let’s find out what they are all about.
Not even close. So much for Belief-O-Magic.
Back to the drawing board. I will eliminate all religions with significant wealth that don’t spend most of it to feed starving children. Let’s see what google has to say.
Let’s try googling the most charitable religions. It is interesting that this search netted little of substance; just a few articles about do-gooders, putting Muslims, Agnostics, and Buddhists well in the lead. You would think that some of the other major religions would step up and single-handedly save a famished nation just for the bragging rights, but none do or have.
Although I could probably squeeze my beliefs into the Agnostic box, as a historian, I feel as though I should be able to find something—and I did—but unfortunately it is in decline with just 190,000 followers left. Maybe it is not about the popularity.
Zoroastrianism worships a single deity: Ahura, The Lord Creator, and The Supremely Wise. This religion predates most all of the best known prophets with its roots going back to 2000 BCE. (I like that.) It has no major theological divisions. (I like that.) In Zoroastrianism, the purpose in life is to: “Be among those who renew the world; to make the world progress towards perfection”. (I like that.)
Its basic maxims include:
I am a Zoroastrianist . . . I think.
I have much reading to do, and perhaps I should check my terminologies while I am at it, before telling everyone. Once I have confirmed that Zoroastrianist is actually a word, I’m going to go tell the neighbor up the street—maybe “He” is one too, and just doesn’t know it yet.
This is it for a while.
To everyone, regardless of your philosophies, faiths, beliefs, and indoctrinations, I hope you all enjoy a safe and happy Holiday Season.
Humata, Hukhta, Huvarshta.
I like it.
I know that if I choose to BELIEVE this, the universe will conspire to make this my REALITY so I fight this negative thought despite the overwhelming mounting evidence which seems to surround me. If I were to make this a personal belief, it could forever change me into someone I do not like. I could become bitter, resentful, and wary of the intentions of the people I meet. Truth be known, I am wary. I accept this about myself and simply view it as a defense mechanism―a result of living a long life among other humans.
Everyone will have a slightly different answer depending on their life experiences and their personal code of conduct which reflects how well developed their super-ego is. Freud first used this term almost one hundred years ago to describe the part of us that is supposed to moderate the wants of our id and ego. Some call it a moral center or compass, but it is also made up of the ethics and scruples taught to us which are also key components to a conscience. When we assess whether or not a person is “solid”, we are JUDGING them based on our own set of values.
People usually want to surround themselves with people possessing similar values but we cannot expect others in our social circles to live up to the standards we set for ourselves or else we set ourselves up for disappointment―a mistake I keep making.
I set very high achievable standards for myself, even though those standards often require a significant effort on my part in order to clear the bar. I have always wanted to be a good person―a “solid” person. When I was young and naive, just a couple of years ago, I actually thought most people wanted the same for themselves. However, life has a way of showing you just how wrong you can be.
I am fortunate to have a few such people in my life. Sadly, the number has dwindled over the years as the true nature of some fair weather types was finally revealed to me. If we are to use the above list to JUDGE others, we absolutely cannot fail someone for not achieving a perfect score. There are caring, giving, appreciative people who just cannot keep commitments they make, usually because they lack the organizational skills to keep track of their lives. While these good people may not live up to our Utopian expectations, they are nonetheless well meaning. They will frustrate us when they fail to come through on time, but the point is . . . they do come through eventually.
If we must KEEP SCORE in order to gauge the quality of these relationships, I believe we should measure intentions vs. deeds expressed as a ratio. You can very quickly separate the talkers from the walkers in this way.
If you are over forty and have to deal with millennials or younger people on a regular basis, you will be frustrated by what appears to be a total lack of honor―where their word means nothing. Give them time. Eventually they will see the importance of being honorable. Until then, keep an eye on their intentions vs. deeds ratio before you say they are not solid.