Antik Denim lawsuit

According to the Los Angeles Business Journal, Blue Holdings, Inc. the maker of high end Antik Denim jeans filed suit against alleged knock off makers Turn On Products Inc. and Alloy Inc. Blue Holdings brought suit as the start of "an aggressive campaign to prevent counterfeiting of Antik’s signature back pocket design."

Antik Denim's press release states:

The unique design in question is copyrighted, and is the subject of pending trademark and design patent registration claims. Antik expects to file at least three more similar lawsuits before the end of the week, alleging that additional companies are violating federal and state trademark, copyright, unfair trade practices and unfair competition statutes and laws.

In case you're wondering, this is what the back pocket design looks like. Be prepared to pay over $200 for a pair of Antik Denim jeans.

Link to story.

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Entourage Theme Song

Okay, because of this post, a bunch of this blog's hits comes from searches for "Entourage Theme Song." So as a public service, the theme song is Superhero from the album Strays by Jane's Addiction. Yeah ... oh yeah ... oh yeah.

Update: This is a very popular post. We must get about 65 hits a day because of this. And the hits aren't just from the U.S.

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A peak into how the 'Next Blog' feature works

I started a blog for my wife's Discovery Toys business located at dublintoys.blogspot.com. Since it's fairly new, I didn't expect to get hits from search engines on it yet. But I did get hits from Blogger's Next Blog feature. That feature takes a visitor from one Blogger blog to a random Blogger blog. But here's the interesting thing. Instead of getting hits evenly distributed throughout the month, we only recieved hits within a one hour period on one particular day. The rest of the hits are from me either visiting or updating the blog. The above graph shows the spike in hits resulting from the "Next Blog" visitors.

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Ohio House passes data breach disclosure law

On August 2, 2005, the Ohio House passed House Bill 104. Summary:

To amend sections 1345.51 and 1347.01 and to enact sections 1347.12, 1349.19, 1349.191, and 1349.192 of the Revised Code to require a state agency, person, or business to contact individuals residing in Ohio if unencrypted or unredacted personal information about those individuals that is maintained on the computers of the agency, person, or business is obtained by unauthorized persons and to authorize the Attorney General to investigate and enforce compliance with the requirements.

Analyses:

HB 104 As Introduced
HB 104 As Reported by House Civil & Commercial Law (Revised)

Here's the Senate version, SB 89

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September 11 Oral History

Many of you may be aware of The New York Times' efforts in obtaining the September 11 tapes and records from the City of New York. Here's a link (PDF) to the decision that cleared the way for the release.

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Braylon Edwards and Cleveland Browns Ink Deal

Apparently, the contract hold up between Braylon Edwards and the Cleveland Browns was over the "Personal Services" clause of the contract. This according to dawgbones.com:

A personal services clause can be very lucrative to a team or a player. Last year rookie QB Ben Roethlisberger made around .5 million dollars in endorsement deals, no doubt a tidy little sum the Steelers would have liked to have. Edwards has been modeling and preparing himself for endorsement deals for a couple of years now and is not about to give up the potential money it will bring him to acquire more bling. Edwards was somewhat criticized this year at the NFL Draft for showing up wearing a 0,000 watch, hence the moniker 'bling king'.

From the Browns perspective they don't want to have a contract with say Reebok and then have Edwards out pimping Nike. The Browns could lose out on both ends, not having one of their most popular players promoting the team endorser and not getting any of the funds from deals struck by Edwards and his agent. Just think, all along everyone thought they were arguing over guaranteed money. Turns out there is a lot more money to be gained in the endorsement arena then on the football field.

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Howard Stern Sues Google for Overbilling, Seeks Class Action Status

From Marketing VOX:

Howard Stern and an industrial printing firm launched a lawsuit against Google last week, alleging that the search engine giant fails to live up to its promises regarding the daily budget limits that AdWords users can place over their accounts. The plaintiffs are seeking class action status. They say that Google's daily budget limits are misrepresented and that Google "continues to bill plaintiffs and all other members of the class in excess of the daily budgets," creating in effect a monthly budget limit made up of the sum of the daily budget multiplied by the number of days in the month.

Causes of Action Alleged:

1. Violation of California Bus. & Prof. code Section 17200 et seq.
2. Breach of Contract
3. Negligent Misrepresentation
4. Unjust Enrichment
5. Imposition of a Constructive Trust
6. Breach of Implied Covenant of Good Faith and Fair Dealing
7. Fraud - Promise without Intent to Perform
8. Injunctive and/or Declaratory Relief

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New contracts, mostly entertainment related

For complet list, go here.

Production Agreement
MG Studios, Inc.
Raven Moon Entertainment, Inc.
June 8, 2005

Consulting Agreement
Big Apple Consulting U.S.A., Inc.
Raven Moon Entertainment, Inc.
June 8, 2005

Consulting Agreement
Gina D, Inc.
Raven Moon Entertainment, Inc.
June 8, 2005

Non-Refundable Retainer Agreement
David D. Mouery, P.L.
Raven Moon Entertainment, Inc.
June 8, 2005

License Agreement (to a Linux based real time streaming video broadcast server)
Film & Music Entertainment, Inc.
Western Media Group Corporation
February 14, 2005

Short Form Assignment (which includes a Motion Picture Financing and Production Services Agreement)
Aryan Couple International BVI
Celebration International Pictures Limited (BVI)
February 14, 2005

Literary Purchase Agreement
Film & Music Entertainment, Inc.
Mark C. Thomas
February 14, 2005

Financing, Production and Distribution Agreement
CMX Productions, Inc.
Miracle Entertainment, Inc.
February 14, 2005

Long Form Sales Agreement
Endevour, Holdings Corp.
Miracle Film Distribution, Inc.
February 14, 2005

Employee Loanout Agreement
Film & Music Entertainment, Inc.
Red Giants Productions, Inc.
February 14, 2005

Thomson/MarketWatch Service Production Agreement
MarketWatch.com, Inc.
Thomson Financial Inc.
May 17, 2004

License Agreement
Peak Entertainment Ltd.
Wilf and Paula Shorrocks
February 2, 2004

In My Pocket License Agreement
Peak Entertainment Ltd.
Wilf and Paula Shorrocks
February 2, 2004

Distribution Agreement
Peak Entertainment Ltd.
Character Options Ltd.
February 2, 2004

Artist Recording Agreement
Bodyguard Records.com, Inc.
Quiet Riot
May 4, 2001

License Agreement
Bodyguard Records.com, Inc.
Atlantic International Capital Holdings
May 4, 2001

Print Manufacturing Agreement
Bodyguard Records.com, Inc.
Navarre Corporation
May 4, 2001

CD Manufacturing Agreement
Bodyguard Records.com, Inc.
Navarre Corporation
May 4, 2001

Financing Agreement
Bodyguard Records.com, Inc.
Navarre Corporation
May 4, 2001

National Distribution and Warehousing Agreement
Bodyguard Records.com, Inc.
Navarre Corporation
May 4, 2001

Loan Agreement
American Movie Classics Company, et al.
Banc of America Securities LLC, et al.
March 31, 2003

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HBO's Entourage Slams Citizen Media

First, I'm not slamming HBO's Entourage in this post. It's one of the best shows out there, and it's theme song often runs rampant in my brain. Plus, breakout star Jeremy Pivin's character Ari Gold is a Michigan Law School and Business School grad. BUT, last night's episode "I Love You Too" took an unflattering jab at internet reporters. The show description, with further annotation in italics by me:

Heading to a comic book convention to launch Aquaman, Vince decides that he overreacted in blackballing Mandy Moore from the film, but when she wants him to be friends with her fiancé, he can't quite play along. The situation gets worse when an influential Internet journalist (who happens to appear fat and geeky) starts asking questions about the co-stars' old fling, and Vince abruptly ends the interview. The Internet journalist (blogger?) then vows to destroy the movie by writing a bad review. Although the guy says he'll change his review if Vince & Co. give him $300,000 in cash, i.e. payola.

As the hero of Viking Quest, Drama is a big man at Comicon, and it's his acquaintances - a group of porn-stars turned comic heros -- that finally manage to turn the angry journalist around. Pay to play : ) After a visit from the Pussy Patrol, he deems Vince the perfect Aquaman, and the boys head back to L.A. to celebrate at a U2 concert, courtesy of Ari.

Where's Citizen Media proponent Jeff Jarvis' outrage? In the "real world" of bloggers, this guy's credibility would quickly vanish amongst his loyal readers.

But, that doesn't mean bloggers can't make money:

For one blogger, fun and profit (According to tax records filed by his employer, the Poynter Institute, Mr. Romenesko (blog: poynter.org/column.asp?id=45) received $169,187 in salary and other compensation in 2003, making him Poynter's highest-paid nonexecutive.)

UPDATE: August 11, 2005
Jeff Jarvis of Buzz Machine links to this post here. He's not outraged, he's entertained. And so am I.

HBO is lampooning Harry Knowles of Ain't It Cool News.

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More Contracts

Joint Marketing Agreement, Amended and Restated
Resorts International Hotel, Inc.
Colony Resorts LVH Acquisitions, LLC and Resorts International Holdings, LLC
May 16, 2005

Strategic Alliance Agreement
Direct Card Services, LLC, et al.
Info Touch USA, Inc.
May 2, 2005

Agreement for Custom Pre-Paid Stored Value Debit Card
Direct Card Services, LLC, et al.
Del Rey Financial
May 2, 2005

Joint Marketing Agreement
Direct Card Services, LLC, et al.
Direct Response Financial Services, Inc.
May 2, 2005

License Agreement (Patent)
Genetic Technologies Limited
Metamorphix, Inc.
May 2, 2005

Livestock Database License Agreement
PE Corporation (NY)
Metamorphix, Inc.
May 2, 2005

Joint Development and Joint Marketing Agreement
Excel Corporation and Cargill, Incorporated
Metamorphix, Inc.
May 2, 2005

Joint Marketing Agreement
Sony Electronics Inc.
Glowpoint, Inc.
March 31, 2005

Settlement Agreement and Release
Gores Technology Group
Glowpoint, Inc.
March 31, 2005

Development Agreement
Sony Electronics Inc.
Glowpoint, Inc.
March 31, 2005

Sales Agent Agreement
Sony Electronics Inc.
Glowpoint, Inc.
March 31, 2005

Exchange Agreement, Form of
---
Glowpoint, Inc.
March 31, 2005

Joint Marketing Agreement
Helix BioMedix, Inc.
Body Blue Inc.
March 31, 2005

Crude Oil Joint Marketing Agreement
Link Energy Limited Partnership
ChevronTexico Global Trading
March 30, 2004

Joint Marketing Agreement
ABC Bancorp
MBNA America Bank, N.A.
March 31, 2003

Interim Servicing Agreement
Southland Bank
MBNA America Bank, N.A.
March 31, 2003

Master Servicing Agreement
Collegiate Funding Master Servicing, LLC
Collegiate Funding Services Education Loan Trust 2005-B
July 26, 2005

Administration Agreement
Willimington Trust Company, et al.
Collegiate Funding Services Education Loan Trust 2005-B
July 26, 2005

$1,300,000,000 Collegiate Funding Services Education Loan Trust 2005-B Underwriting Agreement
Citigroup Global Markets Inc. and J.P. Morgan Securities Inc.
Bank of America Securities LLC and Goldman, Sachs & Co.
July 26, 2005

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