May was full of “F’s.” NYC was “fashion” (and, “food) and NC was “family law fix it.”
I had another client who came to me to fix the SNAFU he’d gotten himself
into by signing a separation agreement without first consulting a lawyer and by
using a form found online. He agreed to pay his former wife alimony. Nothing wrong with that. He should have. I would have advised him to do so. However, the form agreement he and his former wife signed had no terminating events and was silent as to duration. Without intending
to, he is now contractually obligated to pay alimony to his former wife for the rest of his life – which may mean he ends up paying for longer than the marriage existed. OUCH!!!
He says to me, “fix it.”
I spit shined my wand and shouted: EVANESCO! (**) But still, the agreement remained lying on the table, not dissolved, alive and enforceable. I’m still standing on my soapbox: consult with a lawyer, people! Don’t sign anything until you talk to someone who can competently explain
to you what it means. Ignorance is not a defense.
What about Fashion & Food? How about this combo:
Moschino put this on their Spring runway show. ---------->
Remind you of anything? A Chanel/McDonalds combo perhaps? The bag, retailing for $1,265 at Saks, is a mighty big happy meal. I didn’t eat at a NYC McDonalds but I did score some awesome tables. I was closely watching the 2014 James Beard awards. Shout Out: my son chefs in a 2014 Beard nominated restaurant, Nostrana, in Portland, Oregon.
(Sadly, they didn’t win, but should have, not that I’m biased or anything. Check it out: http://nostrana.com.) I felt super fortunate to snag a table at Toro right after chef Jamie Bissonnette won the 2014 Beard. The paella? Oh lordy. >>>>swooooonnn<<<
But back to the bag. Once certain icon items have reached a certain level in the marketplace where the item is unmistakably linked by consumers to a particular brand, it might be protected by an intellectual property protection known as “trade dress.” Tiffany’s robin’s egg blue box is an
example. The golden arches are trademark protected. A brand with trade dress protection can sue for infringement on the basis that consumers are likely to believe that the branded mark (in this case, McDonalds) endorsed or approved of the use of the mark. In other words, if use of the mark is likely to cause consumer confusion, there may be infringement by the use of the mark.
Moschino may have obtained McDonalds permission for all I know. If not….?
What you do think? Any confusion? $1,265 equals a lot of hamburgers.
** Harry Potter spells. Confundus: causes temporary confusion. Evanesco: causes an item to dissolve away as if it never existed.
I had another client who came to me to fix the SNAFU he’d gotten himself
into by signing a separation agreement without first consulting a lawyer and by
using a form found online. He agreed to pay his former wife alimony. Nothing wrong with that. He should have. I would have advised him to do so. However, the form agreement he and his former wife signed had no terminating events and was silent as to duration. Without intending
to, he is now contractually obligated to pay alimony to his former wife for the rest of his life – which may mean he ends up paying for longer than the marriage existed. OUCH!!!
He says to me, “fix it.”
I spit shined my wand and shouted: EVANESCO! (**) But still, the agreement remained lying on the table, not dissolved, alive and enforceable. I’m still standing on my soapbox: consult with a lawyer, people! Don’t sign anything until you talk to someone who can competently explain
to you what it means. Ignorance is not a defense.
What about Fashion & Food? How about this combo:
Moschino put this on their Spring runway show. ---------->
Remind you of anything? A Chanel/McDonalds combo perhaps? The bag, retailing for $1,265 at Saks, is a mighty big happy meal. I didn’t eat at a NYC McDonalds but I did score some awesome tables. I was closely watching the 2014 James Beard awards. Shout Out: my son chefs in a 2014 Beard nominated restaurant, Nostrana, in Portland, Oregon.
(Sadly, they didn’t win, but should have, not that I’m biased or anything. Check it out: http://nostrana.com.) I felt super fortunate to snag a table at Toro right after chef Jamie Bissonnette won the 2014 Beard. The paella? Oh lordy. >>>>swooooonnn<<<
But back to the bag. Once certain icon items have reached a certain level in the marketplace where the item is unmistakably linked by consumers to a particular brand, it might be protected by an intellectual property protection known as “trade dress.” Tiffany’s robin’s egg blue box is an
example. The golden arches are trademark protected. A brand with trade dress protection can sue for infringement on the basis that consumers are likely to believe that the branded mark (in this case, McDonalds) endorsed or approved of the use of the mark. In other words, if use of the mark is likely to cause consumer confusion, there may be infringement by the use of the mark.
Moschino may have obtained McDonalds permission for all I know. If not….?
What you do think? Any confusion? $1,265 equals a lot of hamburgers.
** Harry Potter spells. Confundus: causes temporary confusion. Evanesco: causes an item to dissolve away as if it never existed.