Monthly Archives: November 2011

“EAT MORE KALE” vs. “EAT MOR CHIKIN.” A Vermont small businessman is bullied by a behemoth

Per the Burlington Free Press:

At the center of the campaign, Reggy explains, is Chick-fil-A’s intellectual property, the phrase “EAT MOR CHIKIN.” The company has used the phrase since at least 1995, Reggy writes, and owns numerous U.S. and international trademark and copyright registrations for both EAT MOR CHIKIN and for cows holding sandwich-boards reading EAT MOR CHIKIN.

Now to the crux of the matter. It has come to the attention of Chick-fil-A, Reggy writes, that Richardson’s client filed an application Aug. 31 with the U.S. Patent and Trademark Office for a U.S. patent on the phrase, “Eat More Kale,” for use on stickers, bags, sweatshirts, onesies for infants and toddlers, T-shirts, dresses, skirts, blouses, turtlenecks and yoga shirts.

Yes.  You read that correctly.  Chick-fil-A is going after a local Vermonter for hand producing pro-kale merchandise because they own the trademark for a pro-chicken message.  

It occurs to me at this point that some companies have too many lawyers and not enough good sense.

There is a petition you can sign to oppose Chick-Fil-A’s actions in this case.  As the petition site notes:

Vermont’s EAT MORE KALE is a small, eco-friendly t-shirt business with a mission to promote sustainable food messages. The company’s sole proprietor, Bo Muller-Moore, has used the EAT MORE KALE logo in his t-shirt designs for more than 10 years, and he recently applied for a federal trademark on his business name. A federal trademark would block other artists from copying his design (which has happened in the past) and protect the livelihood he’s worked so hard to build.

But if Chick-fil-A, a multi-million dollar fast food company, has its way, Muller-Moore won’t be able to protect his business. The Corporate Goliath has threatened to block EAT MORE KALE’s trademark attempt and shut the business down. Chick-fil-A uses the slogan “Eat Mor Chikin,”and it alleges that EAT MORE KALE confuses CHICK-FIL-A customers and dilutes its multi-million dollar industry.

A point of fairness: it is difficult to evaluate this without a comparison between the two slogans and their design.  Chick-Fil-A has a very nicely designed gallery with a bunch of their EAT MOR CHICKN slogans that you can view here.

And a point of open bias: Chick-Fil-A is also known for its major contributions to anti-gay organizations.  That’s not relevant to this specific case, but it is relevant to my own bias in writing about this subject.  This is a company I dislike intensely, and don’t wish to pretend otherwise.  

Giving Thanks

Thanksgiving is a strange holiday for me.  I’m not a fan of its origins and find it problematic in a lot of ways, just due to its political history and whitewashing of American history.

But… I have to still admit to liking the holiday itself.  When I lived in Rhode Island, VJ day was a state holiday which was similarly problematic– it was a holiday that everyone loved, but not a lot of people cared for the fact that it reflected anti Japanese sentiment.  So eventually we just changed it to “victory” day in one of those compromises that doesn’t solve much of anything, but reduces the amount of overall argument and still leaves people with a holiday in August.

I’ve learned to treat Thanksgiving pretty much the same way.  Yes its origins are odious, but it’s a really good time of year to just take a weekend, relax and self-assess.  

It’s been a long month.  I wrote about it earlier, so I’ll just provide a quick summary: any month in which they open up your chest to remove an aggressive tumor that is having dramatic and negative effects on your overall health, is guaranteed to be a long month.

What I’m thankful for?  Full removal of tumor with limited issues related to the surgery.  No cancer.  These are great things.  Of equal greatness is the fact that I have access to Catamount, which is truly wonderful insurance.  I’ve been in the hospital 25 days out of the last two months.  I was looking over my (as of yet incomplete) insurance billing.  Since I started Catamount at the beginning of September, I have been billed for $168,931.26 in medical care.  

How much do I have to pay of that?  Just about a grand.

I consider myself one of the lucky people, despite everything I’ve been through.  Some people end up bankrupt after procedures like this.  What I’ve experienced is short term and temporary.  If all goes well, I won’t need any further treatment beyond medicine and that’s it.  

Vermont’s universal access to health care (if you can afford it, which I know is a big if) and access to same sex marriage are the real cornerstone of my gratitude here. Between the health care, and having a sweetie who is incredibly patient and has the legal right to advocate for me and my care when I’m incapacitated?  This is crucial.  

So, Vermont?  Thank you.  Thank you.  Thank you.  You are the most awesomest state ever.  

I’ll close with something I posted in my Social Psychology course the other day, something I think might be of value to all sorts of folks:

Competition is an interesting thing. I grew up with the understanding that it was extremely important to “win” and that winning is how you learn and improve.

As an adult, I actually realized that this is wrong, in a lot of ways. It’s good to compete and good to succeed but the vast majority of my lessons come from losing and learning from the experience. I enjoy playing competitive games with people a lot, but I started enjoying them a lot more when I stopped trying to win all the time and instead focused on learning. I.e., if there’s a game where you’re using a strategy that often works but sometimes falls flat, give yourself the opportunity to try new strategies, to learn from them and eventually find better ones. Let yourself lose in order to see what works better than what you were doing. Grow. Expand.

This fits with personal conflicts as well. I used to get very agitated about “losing” arguments. I would often feel humiliated and defeated after. Then I figured out that this was mainly because I felt I had something to lose. Now, as an adult, and someone who’s actually achieved quite a few fairly awesome things in my life, I don’t feel the need to “win” as much as I do the need to be happy. So I argue with people, and discuss, and put out different and new points of view, but I don’t insist upon winning or having it acknowledged that I’ve won. I’ve learned that it’s a lot better to have two people who feel listened to and respected without a “winner” than one who feels as though they’ve lost.

How is everyone else doing this fine Holiday weekend?

Marcus Bachmann Personally Harasses Burlington-Based LGBT Group

( – promoted by odum)

You won't believe this.

Marcus Bachmann, the husband of presidential candidate Michele Bachmann, has launched a petty and vindictive campaign to personally harass Truth Wins Out. He is upset that in July TWO exposed his clinic for practicing “ex-gay” therapy. Prior to this disclosure, Bachmann lied to the American people and denied that his office engaged in these backwards and barbaric techniques. The revelation rocked Michele Bachmann's campaign and became her first major roadblock.

Now that the campaign is foundering, she and Marcus are looking for scapegoats – and have settled on Truth Wins Out. They are spitefully taking aim at me, trying to punish me because I went undercover to gather conclusive video evidence of “ex-gay” therapy being offered at his clinic.

Like the bullies they are, Bachmann & Associates is illegally demanding that I pay $150 for missed appointments — appointments that I had duly canceled in accordance with the clinic's guidelines. Amazingly, Marcus Bachmann personally called me last week threatening to send the bogus bill to collections if it was not paid by Friday, November 18. Truth Wins Out retained the services of an attorney and steadfastly refuses to be intimidated or pay the fake bill.

Clearly, Marcus Bachmann is angry with Truth Wins Out for exposing his clinic's fraudulent practices, and is engaging in malicious and vindictive strong-arming for the sole purpose of defaming and discrediting both me and TWO.

Stand with us today: sign our petition demanding that Marcus Bachmann immediately end these spiteful and malicious pursuits and stop harming clients with discredited and harmful ex-gay therapy.

SIGN PETITION HERE

Thanks for standing with us!

John Becker
Director of Communications and Development
Truth Wins Out
Burlington, VT

The Apprentice

Now listen-up, class.  We’ve got a special guest lecturer today–Donald Trump.  He’s going to talk on what we’ve been studying here in Philosophy 310-How To Turn Nothingness Into Capital.

Mr. Trump is familiar with all the great philosophers.  I believe he said his favorite one was Joe The Plumber, whom we covered, I believe thoroughly, last semester.  Mr. Trump will help you all get the right overview on what’s expected of you after you graduate; those of you not going on to graduate work in Advanced Capitalism.

I would like to say now that I think the work we’ve done so far in this course has helped our ONE NATION UNDER CAPITALISM take another step forward in becoming the first nation on this planet to realize the formula for Turning Nothingness Into Capital.  Philosophers, scientists, artists, and those Great Thinkers In The Private Sector have been working on this formula for decades.  You students here are part of something even bigger than The Manhattan Project.  The Nobel Prize In Capitalism has already been awarded to several universities, and I think we here today stand a good chance of joining that select group involved in the Academics Of Capital.

I’ve gone over the ads you’ve produced around the works of Nietzsche, Ayn Rand, and the Great Nihilists and Futurists.  Outstanding work!  This is why we call it Higher Education.

Now, before I bring in Mr. Trump, I would like to caution you on the questions you put to him after his lecture.  Some of you have been very witty on occasion, as university students are prone to be.  But, let me emphasize that this is The Serious World here today.  We don’t want to give Mr. Trump any impression that we’re taking our Higher Education in a frivolous sixties-type manner.  And I also want to remind you that Mr. Trump has the authority to respond to any untoward remark with the words: You’re Fired!  Which, in your case would mean: You’re Expelled!  Keep that in mind.  The mind is a wonderful place to store the Rules Of Academic Capitalism as a preventative from allowing silly thoughts in that will waste Capitalism’s time.

And now, I am pleased and humbled to present our Special Guest!  Students, The Donald Of Trump–Mr. Donald Trump!!!

Peter Buknatski

Montpelier, Vt.

(This is why they want us to watch FOX News.)

Victory for Washington Democrats

What's in the news tonight?

From the Post: Leaders of ‘supercommittee’ concede defeat

From the Times:  Panel Fails to Reach Deal on Plan for Deficit Reduction

From WCAX:  Reaction to committee's failure to cut deficit

The truth of it, as pointed out by both Bernie Sanders and Howard Dean, is that this is a win for the Democrats.

First, they finally, FINALLY! stood up for something.

Second, what they stood up for is both good policy and good politics. As Bernie said,  “What is amazing is in a time of strong political division in America on this issue the American people are united,” Sanders said on MSNBC. “Every single poll that I have seen says that the American people understand that when the richest people are becoming richer, and their effective tax rate is the lowest in decades, they’ve got to pay more taxes to help us with deficit reduction.”

Finally, for those who are concerned about the deficit and the national debt, the failure to reach a deal cuts spending by more than any deal would have, and takes more out of the military budget than we ever would have seen.

We have a promise from President Obama to veto any legislation that would sidestep or avoid the automatic sequestration, and he's also promised to block any attempt to extend the Bush tax cuts again.

Whether he will actually do it is anyone's guess, but for now I see this as a win for the good guys.

It’s official: Fox News makes you stupid

By way of TPM, here’s a recent survey that says it all. From the first paragraph, emphasis added:

The conclusion:Sunday morning news shows do the most to help people learn about current events, while some outlets, especially Fox News, lead people to be even less informed than those who they don’t watch any news at all.

Our Framers On The Super Congress And #OWS

Other folks are doing a bang up job covering the Super Catfood Congress' failure (which is A Good Thing from where I sit).  But in following what the Austerity For Thee Elites are debating on the Hill and the Occupiers are pointing out at Zuccotti, UC Davis, et al, a couple things occur to me vis the framing of our Constitution.

On July 2nd, 1787, the actual anniversary of our declaring independence from Britain, the Constitutional Convention was debating the legislative branch.  You all know the big concerns of big states, small states, slave states, etc.  But you might not know that the folks in Philadelphia annointed a grand committee to resolve the impasse:

General PINKNEY. [P]roposed that a Committee consisting of a member from each State should be appointed to devise & report some compromise.

Mr. SHARMAN. We are now at a full stop, and nobody he supposed meant that we shd. break up without doing something. A committee he thought most likely to hit on some expedient.

Mr. RANDOLPH favored the commitment though he did not expect much benefit from the expedient.

Mr. WILSON objected to the Committee, because it would decide according to that very rule of voting which was opposed on one side [equal representation by 11 states in attendance]. Experience in Congs. had also proved the inutility of Committees consisting of members from each State

Mr. LANSING wd. not oppose the commitment, though expecting little advantage from it.

Mr. MADISON opposed the Commitment. He had rarely seen any other effect than delay from such Committees in Congs…

Mr. GERRY was for the Commitmt. Something must be done, or we shall disappoint not only America, but the whole world. 

Unlike the Super Committee's failure, that one did forge a multilateral compromise that ended up being, with some modification, the Great Compromise (for better or worse).  During the discussion, another issue relevent to today was brought up by Gouverneur Morris:

The Rich will strive to establish their dominion & enslave the rest. They always did. They always will…

A firm Governt. alone can protect our liberties. He fears the influence of the rich. They will have the same effect here as elsewhere if we do not by such a Govt. keep them within their proper sphere. 

We should remember that the people never act from reason alone. The Rich will take advantage of their passions & make these the instruments for oppressing them. The Result of the Contest will be a violent aristocracy, or a more violent despotism. The schemes of the Rich will be favored by the extent of the Country.

The people in such distant parts can not communicate & act in concert. They will be the dupes of those who have more knowledge & intercourse. The only security agst. encroachments will be a select & sagacious body of men, instituted to watch agst. them on all sides.

But don't count on “historian” Newt Gingrich or any One-Percenters recalling these tidbits of our founding…

ntodd

Filibustering the 1%’s god-awful “Protect IP” act

Senator Ron Wyden of Oregon is vowing to do whatever is possible to block Patrick Leahy’s Protect IP act I covered last week. This is a bill slammed as an absolute disaster by civil rights advocates, as well as those concerned with the safety and security of the internet. It is a disaster of a bill that is little more than an inexplicable (and poorly thought through) gift to Hollywood and the recording industry at the expense of virtually everyone else.

Thankfully, Wyden is taking it seriously – even threatening a filibuster if his hold is not honored. Leahy, however, is not taking Wyden very seriously. From Politico:

The bill is championed by Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.). Leahy said this week that he isn’t worried by the threat of a hold. He predicts that the bill will score a victory in the Senate. He noted that his patent reform bill, the Leahy-Smith America Invents Act, which passed and was signed into law earlier this year, had to overcome a hold before getting to the floor.

“We’re ready to go, and we’ve got a huge number of bipartisan supporters on it,” Leahy said. “It will certainly pass the Senate once we get it up.”

Obviously, this bill is an attack on everything GMD is, and the very internet which allows sites like ours to flourish, so it’s hard not to get pretty livid about this. If you feel the same, Wyden is working with advocates and has set up stopcensorship.org/ to fight the bill. Signers of the petition to prevent passage will have their names read aloud into the congressional record during any filibuster on the issue.

I’m not optimistic about this, but it’s all we can do, as far as I can see. Check out Wyden’s video below, and use the “Raise Your Voice” link at the bottom to contact legislators – particularly Sanders, as I think Leahy is not only drinking the kool-aid on this one, he’s making it and serving it to colleagues.

Chief Stamper’s second lesson

Online sites and radio interviews have featured former Seattle Chief of Police Norm Stamper’s reflections on the 1999 WTO demonstrations dubbed the Battle in Seattle.  Regarding his 1999 role in that “battleStamper states bluntly “My support for a militaristic solution caused all hell to break loose.” This, he observes, led to “…some cops clearly overreacting, escalating and prolonging the conflict.”

Along with his fairly thorough rejection of militaristic police tactics, Chief Stamper draws a second lesson from his leadership experience over ten years ago.

It is ironic that those police officers who are busting up the Occupy protesters are themselves victims of the same social ills the demonstrators are combating: corporate greed; the slackening of essential regulatory systems; and the abject failure of all three branches of government to safeguard civil liberties and to protect, if not provide, basic human needs like health, housing, education and more.

With cities and states struggling to balance the budget [starving the beast] while continuing to deliver public safety, many cops are finding themselves out of work. And, as many Occupy protesters have pointed out, even as police officers help to safeguard the power and profits of the 1 percent, police officers are part of the 99 percent.

It’s a lesson almost unheard, and a widespread awakening seems an unlikely prospect (mind those police pension cuts), but one retired Philadelphia Police captain (in his dress blues) marched in OWS events in New York City and was arrested last week.



It was reported
he held a sign that read: “NYPD Don’t Be Wall Street Mercenaries.”