MACMULL'S MUSINGS

Mudhens win, Mudhens win!!

2007-07-12T23:56:00.001-05:00

The Dr.'s tired tonight after scoring the winning run in his 13 inning baseball game, so tonight's post is brief.

It seems like everyday I'm reading of another less than exemplary standards issue involving China. Between recent U.S. recalls of toothpaste manufactured in China, and cardboard filled edibles being sold on the streets of Beijing, China appears to be scrambling to address what are undoubtedly very serious P.R. concerns. I just read the other day that the former Head of China's Food & Drug authority was executed for taking bribes. Anyway, the situation is serious and I'll be following it closely over the next little while, so stay tunned.

Management is going away this week-end to Newport, RI for their first get away of the summer. Here's to good livin'.

Local news...

2007-06-20T23:06:00.000-05:00

As I was doing my laundry the other day at the corner mat, I witnessed one of the oddest things I've seen in awhile. A middle aged women was struck my car. Granted, I didn't see the collision take place, but I was witness to the what ensued afterward. Apparently, the driver of this Lincoln Towncar was the driver for Debra Norville, host of the Fox program Inside Edition. As the ruckus ensued, the window to the Towncar rolled down and Deborah could be seen demonstrating a less than pleasant tone with her driver. The woman, obviously dazed from being struck made her way over to my bench. I asked her if she was okay and she responded that she was. Debra got out of her car and came over to ask the woman if there was anything that she could do for. The woman responded "no," but it was clear that she didn't know who Debra was. At that moment, I couldn't help but think to myself that I wish I was a personal injury (P.I.) attorney, as the prospect of a deep pocket defendant was exciting under the circumstances. Debra and I exchanged glances (she's quite tall) and she once again asked the woman if there was anything she could do. With a final "no," Debra left, but to her credit she was very nice.

With Debra gone and the woman having collected herself, she phoned her husband on her cell phone. As she began to retell the story (and I could overhear both of them), it couldn't even had been more than 15 seconds into the conversation before her husband said "Whadda mean you let her go? We could have sued!" I remember being surprised that this came before the obligatory "Are you OK?" line of questions. Apparently, her husband too wishes he was a P.I. attorney.

Don't laugh, I would suggest that there is such thing as "taste infringement"

2007-06-03T23:38:00.000-05:00

I first saw the clip below a few months ago, but failed to blog about it at the time. Nevertheless, while my comments might not be as timely as they could have been, the ad raises an interesting issue in my view, namely, successful litigation involving non-traditional trademarks. A primer on non-traditional trademarks, including taste, can be found here.

While I'm not aware of any cases in the U.S. involving so- called "taste infringement," I did have the occasion recently to entertain a client's questions about the subject not too long ago, which peaked my interest.

Here's a link to a nice discussion of taste as a trademarkable feature in the U.S.; however, the outcome of that decision is far different in my view (denying orange as a distinct flavour for pharmaceutical products) than if enforcement over a "truly" distinct flavor, such as Coca Cola were to be litigated.

Safe travels friends...

2007-06-03T21:12:00.000-05:00

As has been discussed over these channels before, the day of reckoning appears to have come and gone for my good friend Tyson Brust. Congrats are in order for Tyson who recently passed his first year of medical school. Now he simply has to stay alive as he criss crosses South America on his motorcycle. Safe travels also go out to Tommy "the Kid" Smith, and good luck getting to Guatemala City in 3 weeks. Details of Tyson and Tommy's adventure can be found here.

And then a month goes by...

2007-05-31T00:21:00.000-05:00

No excuses, but I've been awfully busy of late. Consequently, I've not been postin'.
However, here's some interesting news in my view. Internet Radio may effectively vanish by mid-July. Details here. Details on supporting Internet radio here.

A now a message from our Chairman...

2007-04-26T23:51:00.000-05:00

Good morning ladies and gentlemen, Officers, Shareholders and members of the Press. In our ongoing effort to entertain our dedicated readers, we here at joelmacmull.com are pleased to announce a new feature, which, we are confident, will bode well for our continued financial success. While we fully recognize that joelmacmull.com maintains a fiduciary obligation to our shareholders, we don't believe that the future of our industry rests with complacency.
Rather, we believe our continued success is inextricably linked to self-ridicule and amusement.

Accordingly, tonight we begin a new segment entitled "Favorite trademark of the day!"

Tonight's selection is:

U.S. Trademark - GASSY GATOR. Serial No. 76116312

Goods & Services Description - Nutritional supplements for stomach ache relief in lollipop forms.

Editor's Note: Brilliant choice in a mark, if for no other reason than the visual conjured up by the alliteration is pretty funny to me.

Less Tragic... More Hip

2007-04-26T23:13:00.000-05:00

The other night (Tuesday) I had the fortune of seeing Canada's favorite frat boy band -- The Tragically Hip -- play here in New York. It was a small venue and pales in comparison to some of the larger venues the Hip occupies when they play north of the border.

If my memory is correct, I last saw the Hip play about oh..., I don't know, ...about 12 years ago! Jeez, I'm getting old. Anyway, while they certainly played some tunes I am less familiar with (Editor's note: some of the tracks on their newest album, such as "Lonely end of the rink" are really good), in many respects it was like a greatest hits concert. Such classics, included "Wheat Kings," "Fully Completely," "Bobcageon" and the always popular "Ahead by Century."

What was immediately apparent to me when the band took stage was much older they seemed to me. Visibly absent, was any sense of boyishness that I seemed to remember them possessing. What did make up for it though was Gordie's antics on stage. He was quite a ham. Just a few of his antics are on display at the end of the clip below.

I apologize in advance for the Zapruder like film quality, but are what are you gonna do?

Canadian Software Scare

2007-04-25T01:25:00.000-05:00

On a recent trip back to Canada, I heard an advertisement on the radio for CAAST. It strikes me as a kind of Crimestoppers for software piracy. Apparently, "CAAST/BSA is currently offering Rewards on a limited time basis to encourage people with information about software piracy in the workplace to come forward and to ensure that those reports are as complete and accurate as possible." Quick, turn in your family members who've circulated a single licensed version of Windows XP.

Most interestingly, in a Section labeled "What will happen to the organization I report?" CAAST apparently has the power to obtain funds from prior infringers, namely, "settle its past liability by making a payment to CAAST based upon its past use of unlicensed software." This is somewhat interesting language in my view because CAAST can't compel such payments, as they are not a government organization. In fact, they go on to mention that they've brought actions against the government in the past for non-compliance. So how do they work? Well, I suspect that they force a settlement or threaten suit, though this too seems problematic to me for both them and the infringers.

This here's a throw down

2007-04-13T23:52:00.000-05:00

I'm addicted to a handful of Food Network shows. I don't know why, but I can't get enough of Iron Chef America, Good Eats with Alton Brown and Barefoot Contessa. One show in particular however that really boggles my mind is Throwdown! with Bobby Flay. The premise of the show is that renowned chef Bobby Flay surprises an award winning chef with a spontaneous challenge in his or her speciality. Once the cook off has occurred guest judges evaluate each chef's dish. The first 10 mins of every episode is spent developing a back story on the opponent, who is known either regionally or even nationally as being the best in what they do. Such features have included donuts, fried chicken, and bbq'd pork. What strikes me as absurd about the show is that in the half dozen or so episodes that I've watched, Flay loses every time. It's really quite funny.

What's equally peculiar (and staying with tonight's food theme) is Chris Angel monkeying around with Mother Nature. David Blane can also do stuff like this which is really pretty freaky.

A dark, dark day here in Leafs land.

2007-04-08T23:27:00.000-05:00

Sadly, my beloved Toronto Maple Leafs failed to make the playoffs this year for the second year in a row. Despite clawing back from a 5-3 deficit last night against the Habs to win 6-5, lady luck refused to extend an additional helping hand this afternoon and instead saw the New York Islanders beat the Devils in a shootout.

The full drama of the Isles' win today, can be read here.

Out of respect, let's all take a moment to reflect on this past season's ups and downs.

A Must Win!!!

2007-04-06T12:20:00.000-05:00

Despite having lost last night to the Islanders, the Toronto Maple Leafs can advance their playoff hopes against the Montreal Canadiens tomorrow night. If Toronto wins and the Isles lose either of their remaining two games against Philly or New Jersey, the Leafs will make the playoffs.

Thankfully Bar Coastal, a local watering hole here on the Upper East Side subscribes to the NHL package. GO LEAFS GO!!!!

Here's a nice little tribute to Mats Sundin from this season. Undoubtedly, he'll need to step up tomorrow night if the Leafs are to make the playoffs.

Happy Passover!!

2007-04-03T14:09:00.000-05:00

We're taking time out today at joelmacmull.com to celebrate Passover, where among other things, we're commemorating the Jewish deliverance from bondage. Passover is one of my favorite Jewish holidays as it's very festive and there are lots of traditions to enjoy throughout the week. For me, by Friday, the slightly charred taste of Matzoh will lose whatever novelty status it enjoys, but this is a relatively minor complaint. Frankly, I can't think of a better way to celebrate the coming of spring.

Regardless of your religious affiliation, try your hand at a little Passover trivia here.

Opening Day!!

2007-04-02T16:37:00.000-05:00

Today is undoubtedly one of my favorite days in sports!! There is nothing quite like MLB's Opening Day. Look for a great race in the American League East, which will see such perennial favorites as the Boston Red Sox and New York Yankees be challenged by (yup, I'm calling it here first) ...the Toronto Blue Jays. Not only do I expect Toronto to seriously challenge for a Wild Card spot this year assuming they can avoid injuries to their pitching rotation, but assuming that they can stay healthy don't be surprised if they win the division. That's right, win! I don' t mean to get too excited, and certainly Toronto has disappointed me in years past, but vis-a-vis the rest of their division, they've got a good chance to be around in October.

Good Film!

2007-03-24T23:39:00.000-05:00

I saw Reign Over Me tonight. It's a good film. Thankfully, it's not one of those drippy Hollywood films where all the world's troubles are resolved in 2 hours. In parts it's very sad which I think gives it some street cred. in my view. I like Adam Sandler who in recent years has become a pretty bankable actor. He's a bit of risk taker too with some of his films, such as this one and Punch-Drunk Love, for example.

Anyway, check it out (except you Mom, you won't like it. Despite its funny parts, it's a little too sad for you, plus there are some adult oriented themes throughout).

Waldorf Hysteria

2007-03-24T11:52:00.000-05:00

So last night I had the pleasure of attending the New York Intellectual Property Law Association's Annual Dinner honoring the local Federal Judiciary. The dinner, sponsored by the local Patent Bar was huge and took place at the famed Waldorf Astoria Hotel, where, legend has it the Waldorf Salad was born. About 3600 people were in attendance for the dinner and the keynote address was given by NBC's Tim Russert.

The event was pretty cool for a first time attendee like me. Individual firms rent out suites in the hotel where before and after dinner the suites are open for drinks and general revelry. Few places provide a more convivial setting then some of the suites/party rooms at the Waldorf. It was a black tie event and props are owed to my Dad who was nice enough to send me my tuxedo in the mail. Being wool, any creases which it acquired during shipping fell right out after being hung up for a few hours. That tux. is one of better clothes purchases I've ever made. I originally bought it when I was attending black tie affairs on a semi-regular basis back in my fundraising days in Toronto. I remember thinking that the expense at the time was hard to justify (it wasn't cheap), but it has turned out to be a great investment. Sergio Benneti's store in Toronto is a great place to shop for quality menswear, and if we here at joelmacmull.com had the authority to do so, we would certainly bestow upon Sergio a highly convented Slammy Award.

Happy St. Patrick's Day!!

2007-03-17T17:57:00.000-05:00

From all of us here at joelmacmull.com, we're wishing you and yours a very healthy and happy St. Patrick's Day! Please drink responsibly.

St. Patrick's Day is a kind of a funny holiday to me. Don't get me wrong, I think we're all indebted to St. Patrick for driving out all the snakes from Ireland, but I find it curious that certain ethnic groups who have never before identified themselves as Irish or displayed any interest in Ireland whatsoever, suddenly can't do enough to show their interest in all things Irish. Of course, I'm speaking here of a connection that goes well beyond college students wearing green t-shirts that say "Kiss me, I'm Irish" and the like.

Anyway, I suppose I shouldn't over analyze this too much and should just enjoy the revelry at a local pub like everybody else.

I shall have a drink for my Irish Jewish brethren. Yeah, I know, I didn't know there were Irish Jews either. Details here.

I fear my planet is an a serious state of disarray

2007-03-16T19:37:00.000-05:00

On Wednesday, New Yorkers were greeted with summer like conditions. Temperatures were in the 70s (+ 20 degrees Celsius), and I had a great walk along the East River during lunchtime. Today, less than 48 hours later, this same town recorded more than a foot of snow in some areas. It was the wet heavy stuff too, which left roads and sidewalks a complete mess.

More details on this wacky weather can be found here.

With weather like this, I'm tempted to think that the Four Horseman may be gearing up to pay us a visit. Al Gore, this could be be your big moment to announce your candidacy.

These stories are so wacky, they must be true

2007-03-13T23:29:00.000-05:00

A lawyer I know who is several years older than I am is fond of saying that the stories he hears are at times so absurd that they must be true, because lies couldn't be that original. Well to put it mildly, this past week-end gave rise to a number of stories which may challenge that old chestnut of wisdom.

As I indicated the other day, I recently played host to a few friends of mine from UBC, a/k/a the St. John's College Golf team. This motley crew comprised of Tyson, Tom a/k/a the Kid, and Adam came down to New York City on Saturday evening. Again, the reason for the trip was for Tyson and Tom to collect all their motorcycle equipment, which they had had delivered to my place in the proceeding weeks. My apartment was deemed the ideal destination because they wanted to avoid paying the extra delivery fees, which I'm told were substantial.

So sure enough, they arrived close to mid-night on Saturday. Once in my tiny shoebox apartment, they begin to laugh, as upon entry they immediately saw the mass of stuff they'd ordered. It was immediately clear to them that they'd have to unpack the stuff and repack it to make it all fit in Tyson's car. That effort however, would be left for another day.

Saturday night we stayed local and went on a small bar crawl in my neighbourhood. As we began to catch up over a few pints and the agenda of the week-end unfolded, I was told of a scheme that Tyson and Tom had devised, which, if necessary, was going to be employed. It involved getting a refund on a camera that Tyson had purchased from a online store in New Jersey, but that he had had tremendous trouble returning. While here in New York City his plan was to drive to the store in Jersey, which operated a brick and mortar business as well, and either get a refund or exchange the camera. Admittedly, the beauty of this story doesn't lie with the plan, which is fairly pedestrian, but rather with the back story. For some reason, which I must confess is no longer clear to me after a few nights of cocktail sipping, the story was going to involve Tyson being stood up by his fiance, and therefore, needing to return the camera because the honeymoon was no longer going ahead. Both Tyson and Tom both believed that this was a plausible story, and further, it explained why Tom was here in NYC from the U.K., namely, to partake in Tyson's bachelor party. Of course, as I'm sure most of you are aware Tyson is a single as they come. Needless to say, after our 3 hour excursion to Jersey to return the camera, none of Operation Broken Heart had to be implemented. In the end, Tyson elected to tell the truth and the whole thing couldn't have been easier.

As an aside to this past week-end, we were all introduced to a very interesting sports trivia question: Of all the 4 major league sports associations in North America -- Baseball, Hockey, Basketball and Football, name the 8 teams that DO NOT end in the letter "s." Hint: None are football teams. It took 3 of us about 5-10 mins to work it out. No Googling allowed.

Finally, I feel I'd be remiss if I didn't report on Viacom's $1 billion lawsuit against You Tube and it's parent company Google for copyright infringement. The case was filed in the Southern District of New York today. It seems only appropriate that you find out more about the allegations from watching this. Rest assured, further details and commentary will be forthcoming on this case.

My Apologies

2007-03-09T18:30:00.000-05:00

My goodness, I see I've not made a post since 2.20.07. How am I ever going to develop a devoted readership with that kind of lack lustre effort? Well, I must say that staying on top of all this blogging business has been very difficult. After all, one can't be pithy all the time.
In any event, I shall try to update my corner of the universe a little more often.

Tyson and Tom, two friends of mine from UBC are coming to visit me tomorrow in New York so that should be fun. Tyson, who's currently in his first year of medical school at the University of Toronto, and Tom who continues to call his childhood bedroom home in his parents' flat in London, England are planning quite an adventure together this summer. Inspired by the actor Ewan McGregor and his trip around the world via motorcycle with his childhood friend Charlely Boorman in 2004, Tyson and Tom have sought out a similar adventure, albeit on a much smaller scale. The inspirational story can be found here.

Anyway, these two clowns over the last three weeks or so have used my apartment in New York as a repository for their gear. Having bought new bikes, they apparently need to be customized to make the intended trip from Argentina to Toronto, Canada. Though I don' t know the precise costs, thousands of dollars have gone into equipment upgrades, such as off roading shocks, new forks and new brake cables, etc.

So, they are making the trip from Toronto tomorrow to collect their bounty, and I'll be glad to get the space back, as their request "Hey Joel, can we ship a box or two to your apartment?" quickly gave way to the proverbial expression "give them an inch and they'll take a mile."
Though in truth it isn't hasn't been all that burdensome to hold their stuff but I'm just cranky - a lot.

Details, which at times read like a Robert Ludlum novel (he wrote The Bourne Identity and the sequels) can be found on Tyson's blog. If nothing else, his pictures from Toronto's snow storm last week are work seeing.

Shabbot Shalom!

Yum Yum

2007-02-20T23:43:00.000-05:00

I stumbled upon this seemingly tasty confection earlier today. Admittedly, it made me snicker(s). Pun intended.

Given the label, it appears it's produced in Canada, although I have no recollection of ever seeing it. Has anyone ever tried it? Moreover, what is nut milk anyway, and do I really want to know?

In other news, I'm pleased to learn that "Mr. Perfect" Curt Hennig will be inducted into the WWE Hall of Fame this year. Read his bio here. The ceremony takes place the evening before WrestleMania and is part of the festivities leading up to the big day. It's hard to believe that there have been 22 years of these already. Long live "Sports Entertainment."

Finally, in an odd PR twist David Neeleman, CEO of JetBlue Airways, was on David Letter tonight. JetBlue suffered a tremendous blow to its reputation last week after being unable to deal with hundreds of stranded passengers after an unexpected ice storm struck JFK airport in New York. While Neeleman apologized profusely, I found the whole interview very, very awkward, and it was pretty funny to see Letterman patronize him.

In the news...

2007-02-20T00:03:00.000-05:00

This past week-end I read a short op-ed piece in the New York Times (NYT). A reader asked the question had the U.S. merely become too large to govern? Further, the writer asked whether the current political divide in this country could adequately be addressed by debate in the legislature, or if the polarization had become so protracted that the only answer was sovereignty? Of course, as a Canadian any discussion of sovereignty, however benign in nature, reminds me of the constant issue of Quebec which dogged my childhood as the political discourse of its day. But in thinking about it at least as it pertains to the U.S., I think it may be a valid question to ask, assuming one can divorce themselves from the historic arguments that are so inextricably bound to such a discussion. After all, if the people of New York and New Jersey are in favour of civil unions, why should the opinions of people in Tennessee and Texas have any bearing?

The article got me thinking about the motivations for the creation of the nation state in the first place, and how many of those factors have long since lost their importance in the era of globalization. Certainly, no one would seriously argue that the economic sustainability of "the colonies" would be in jeopardy if some of the U.S. states did decide to separate. As well, the advent of the Internet and various international trade treaties like NAFTA, APEC, ASEAN and the WTO, have created in the our collective consciousness a kind of economic panacea that John Maynard Keynes would have advocated. Nevertheless, the mere suggestion of separation or sovereignty or however one wishes to call it appears to strike a chord that few other subjects seem to engender. Is it patriotism and one's longing for history and nostalgia which feeds our beliefs, or is it something more?

Anyway, the article has my ol' academic interests in a fervor and perhaps I may devote myself to further research (and maybe an article on the subject).

Regarding people in the news (and dumbing things down just a hair), unless you've been living in a cave the last few days you will have already heard about Britney's recent antics. Not to be judgemental, but she's no Sinead.

Notice the Star of David necklace she's sporting in this video (Time: .16 -.20 sec). Jewish jewellery in now hip? Thanks Madonna.

Finally, in perhaps my favorite gaff of the week is this little diddy mouthed by former NBA star Tim Hardaway. (Incidently, I think he was a highly overrated player and have thought so for sometime. He had a couple of good years but never had the longevity of his peers.)

Update: It is my understanding that the NBA quickly removed Hardaway from participating in any events at the All-Star week-end which was held this past week-end in Las Vegas. Hats off to Commissioner David Stern for reacting swiftly to this comment.

A follow up to yesterday's post

2007-02-08T01:23:00.000-05:00

I've received quite a few inquires in regards to yesterday's post. Yes, in answer to many of your questions, I'm currently engaged in a period of religious exploration, which, among other things, includes a thorough investigation of my Hebraic roots.

Thankfully, the gentleman being interviewed here is not a Rabbi. If he were, I fear I'd have to hand in my resignation.

Note, use some caution when viewing this video. This is arguably acceptable to watch at work if you're a video game designer, 3-D computer graphics designer, lawyer, program communications coordinator at a large public hospital or an architect. It is not however advisable to watch this video at work if your place of employment is a large U.S. Federal Government employer which operates under the U.S. Department of Commerce. As always, use your own discretion.

Hey kids, today's theme is Kosher

2007-02-06T23:17:00.000-05:00

Sadly, I lost a masterful post that I had written last night. I had inadvertently closed my browser prior to saving my draft. Ugh, we've all done it in one application or another, but I suppose it's better that it happened with my blog rather than a document of real importance.

Anyway, here's the Cliff Notes version (Coles Notes for my Canadian friends) ...

The post told a great story of how I had dined at a restaurant on Saturday that served only Dr. Pepper and Dr. Diet Pepper, but no other soda, nor tea or coffee for that matter. I'm told Dr. Pepper is a great soda pairing with pork. (I'm not kidding.) See here. Of course, as one who "declines the swine," the whole experience was lost on me.

Further, I recounted how I had run into Victor Williams (who?) from the CBS sitcom King of Queens at a late night bakery in Alphabet City, and in doing so, had come to the realization that television was a crazy machine in that it created in my mind a sense that I had had a previous interaction with this man. Needless to say, my insistence that we had met before, or somehow knew each other was a little embarrassing for both of us, but it all ended nicely with laughter and handshakes.

As far as today goes, I attended an interesting lecture across town on the Jewish dietary laws of Kashrut (or what it means to keep Kosher). It was an interesting discussion, though some of the class' attendees were a little obnoxious with their questions and personal anecdotes.

Here's an odd little video on the subject I pulled from YouTube. It's a little wacky, so prepare yourself. Watch it at least until the 1:45 mark.

Anybody hungry for a salad?

Welcome Back Kotter

2007-01-31T00:43:00.000-05:00

Well readers it's nice to be back after a rather long and unintended hiatus. Between my computer crashing, the New York State Bar Association's Annual Meeting in Mid-town last week and some ongoing confusion with the United States Citizen and Immigration Service (USCIS) (formerly the INS), I've had little time in recent weeks to comment on matters that I'm simply curious about. With that said, I'm happy to be back with you.

Programming Note: Regarding my recent adventures with USCIS, this will be the topic of an "epic" post sometime later this week. Continue to check your local listings for showtimes.

Anyway, I'm pretty nakered tonight, so all I can do is share with you photos of two moderately famous people I saw last week while at the Marriott Marquis Hotel in mid-town. (I suppose it's obvious that I'm really not a New Yorker because "true" New Yorkers could hardly give a damn when they see famous people. Nevertheless, it's still a novelty for me as amateurish as it may be.)

Can you identify these famous people?

This second individual wasn't actually at the hotel, but was spotted at the TGIFriday's across the street at lunch on Thursday.

Finally tonight, for those of you who may not know what ever happened to Gabe Kaplan in recent years, star of the ABC sitcom "Welcome Back Kotter," you may catch yourself up to speed by clicking here.