

Vyce
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Everything posted by Vyce
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If Friday's such a goddamn hot spot, they shouldn't have cancelled John Doe.
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I didn't read it either, but at one point didn't Thanos kill like half the heroes in the Marvel universe? Obviously that got corrected, but I thought that's what happened.
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We should just impeach Bush. No, really, I'm serious here. Because hell, we impeached the last one, and NOTHING CHANGED. He was eating steaks and smoking cigars that afternoon. So I say we impeach every president from here on out, just to throw them a curveball.
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Parody is a defense that he could use. Hell, it worked for Larry Flynt. But whomever said that this would be settled out of court is most likely correct. That's the path of least resistance (and monetary detriment). It wouldn't surprise me as well if part of any possible settlement entails the changing of the title. It's all in the context of how he's using the phrase. If he's doing so in a manner that deliberately invokes a comparison to Fox News (and let's be honest - that's pretty much certain) than that's where he runs into problems. I haven't seen this book - but knowing Franken it wouldn't surprise me if right next to the words "Fair and Balanced" on the cover he's got a picture of Bill O'Reilly or something like that. If that's true, than the phrase "Fair and Balanced" becomes more than just English words on the page and then you get into the gray area of whether he's infringing upon their trademark, as the phrase "fair and balanced" IS associated with the "mark" of Fox News, and regardless of how ridiculous the trademark may be, Fox would have a legitimate claim against him for using it. Whether a trial court finds there to be any actual infringement comes later on - by that time, attorneys for both sides will be able to rack up at least a few nice, large bills for all of their work. Vyce -- who wishes he had copyrighted the phrase "Dean for America" a couple years back, cause he'd be filing the legal suits right now. (No one tell Mike I infringed upon his trademark, okay?)
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No fucking kidding. And Chick, just remember - Hardy is on Velocity while STEPHANIE MCMAHON is in the main event. There is no justice in the world.
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Here's one for the local Washington D.C. area folks - Jerry's Subs N' Pizza. Good subs, cheap pizza (the large is only like 6.99). Good stuff!
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I love Vanilla Coke. However, I'm actually more of a Pepsi fan than Coke, so I anticipate that I'll love this. I'm growing fond of Sprite Remix as well. My liver is going to be fucking shot in 10 years.
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In all due seriousness, take it from someone who has studied trademark law a bit - If Franken does win this case, it will be with MUCH difficulty and no small amount of cash spent on legal fees. Do not think Franken will win this easily. FOX has a pretty good case to make. If he was stupid enough to actually admit this was done to slam Fox News (and something tells me it's on the book cover) than that makes it even worse for him.
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And it just keeps getting uglier.
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Fourth time? Aren't you forgetting the other 394 title runs she's had?
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No one likes a quitter, Sean.
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And I think you must be gay. But it's okay, cause we're accepting of that here.
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Please God no. As a fan of Alexis, I don't want her hired. No one hit me with that tired old "It's everyone's dream to be in the WWE" bullshit either. I like Alexis. I don't want her a) as Vince's latest love slave, or b) as another meaningless woman wrestler lost in the shuffle of RAW, or c) paired off with a heatless monstrosity like Billy Gunn in a futile attempt to get them over. I want BETTER for her than that.
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Since Booker is probably one of the top five reasons I watch WWE (as far as fave workers go), I'm VERY distressed. I'm gonna just think about Angle to gain hope.
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Good question. That's going to determine whether or not the suit has actual merit or not. If it's actually trademarked, Franken is slightly screwed. He can argue fair use, but frankly it'd be worth it for him to just settle and change the name of the book, as the court costs would outweight the benefit of actually winning. Even if the phrase has not actually been trademarked by Fox, their constant and continuous use of the phrase does strongly associate it as a "mark" of their brand. There are a bunch of factors that may be considered. Such as these: 1) the strength of plaintiff's marks and name; 2) the similarity of parties’ mark; 3) the proximity of parties products in the marketplace; 4) the likelihood that the plaintiff will bridge the gap between the products; 5) actual confusion; 6) the defendant’s intent in adopting its mark; 7) the quality of the defendant’s product; 8) the sophistication of the relevant consumer group. I know these are used in the Southern District of New York, but variations of these types of factors are used through the various jurisdictions in the country. Looking at those factors, I can see Fox easily making a pretty strong case against Franken. I think he's screwed. All that leaves is the liberals to bitch and moan about Fox not playing fair.
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I'm a Victoria fan myself. Stacy too skinny? She's thin, but not unhealthy. Plus she's about 8 feet (or something like that), so she's about proportioned.
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I just cannot make myself care for Raw anymore
Vyce replied to Youth N Asia's topic in The WWE Folder
The Kane angle was the only angle on RAW that I had actually cared about in some time. I was into it. They've managed to make me care at most only a fourth of what I did about the angle in just 2 weeks. How? By focusing the show on (surprise!) HHH and Goldberg. -
Saaaaay.....How many of you are in law school? Take a class on trademark law or intellectual property rights. Franken can argue "fair use", but despite all of the admonishments that Fox is being petty, they have a legitimate claim here.
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Oh my holy God. A word of advice - NEVER cancel a show. I did it inadvertently. I meant to hit "back", to merely cancel my booking for the show - but I distracted as I did so, and before I knew it, I had hit - and confirmed - the "cancel show" button. And I watched in horror as my PI went from 81% to 66% instantaneously. It'll be a month before I'm back to where I was. Needless to say, I am PISSED at myself. LF: If he's starting to suck in the ring or refusing to job, etc., I'd seriously consider it. Then see if you can rehire him in a few months.
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The quote unquote "official" Howard Dean thread
Vyce replied to Vern Gagne's topic in Current Events
How DARE you limit the genius of Dean to one thread. Tyler should be allowed to post as many Dean threads as he wishes. In fact, I officially petiton this folder to be renamed the Howard Dean folder! HOWARD DEAN FOR SMARTMARKS 2004!!!!!!!! -
As long as she just doesn't talk and sits there looking pretty, things would be just fine for her.
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And yet when someone on this board does that in regards to the president, they are, at best, labeled by you as "ignorant Bush-lovers". Huh.
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That's the Tyler we know and "love"!
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One of my favorites of Peter's flashbacks - "Huck Griffin" Jim: "What did you call me?" Huck: "Nothing! I-I'm sorry!!" Jim: "That is OUR word! No one is allowed to say it but us!" Huck: "Okay, okay! I promise to never say it again!...........Um....could you pass me that oar, N-word Jim?"
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Batman: Arkham Aslyum Maybe my favorite graphic novel of all time.