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phoenixfeather's photo - http://phoenixfeather.smugmug.com/Family...
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Faraz Mullick, Stephen Mack, Vicarbott and 6 other people liked this
Oh yeah, that is my Grandpa and my sister!
- Rachel Lea Fox
Happy Birthday Grandpa!!!!!!!
- Rachel Lea Fox
Happy birthday, Rachel's grandpa!
- Stephen Mack
The Secrets to Long Life: Worry, Work Hard and Marry Well (If You're a Man) - With Howard Friedman, the Psychologist Behind An Eight-Decade Study on Longevity [Hans Villarica, Time - 3/17/11] - http://healthland.time.com/2011...
CarlC, Biao, Oguz Serdar and 2 other people liked this
Worrying is good for your health. Optimism is overrated. Women thrive post-divorce (men don't). For their research, Friedman and fellow researcher Leslie Martin mined data that had initially been collected by psychologist Lewis Terman, who famously followed the lives of hundreds of boys and girls in California from their childhood in the 1920s through death.
- Mitchell Tsai
from Bookmarklet
Most people who live to old age do so not because they have beaten cancer, heart disease and diabetes; rather, the long-lived have mostly avoided serious ailments altogether.
- Mitchell Tsai
Unexpectedly, in both childhood and adulthood, conscientiousness turned out to be the best personality predictor of long life! This is a strong effect, comparable to the effects of systolic blood pressure or cholesterol on longevity. Why do the conscientious stay healthier and live longer? First and most obviously, they are less likely to smoke, drink to excess, abuse drugs or drive too fast.
- Mitchell Tsai
The most intriguing reason why conscientious people live longer is that having a conscientious personality leads you into healthier situations and relationships. In other words, conscientious people find their way to happier marriages, better friendships, and healthier work situations. They help create healthy, long-life pathways for themselves. See http://ff.im/A5Vkk The Key to Health, Wealth and Success: Self-Control [Maia Szalavitz, TIME - 1/24/11
- Mitchell Tsai
Our results clearly showed that those who were highly motivated and worked the hardest, steadily advanced in their careers and achieved most career success lived the longest. They didn't work themselves to death; they worked themselves to life. It was not at all the case that hard work was unhealthy, and it was not at all true that the long-lived led uninteresting lives. Many...
more...
- Mitchell Tsai
One of the biggest bombshells of our entire project: cheerful and optimistic children were less likely to live to an old age than their more staid and sober counterparts!
- Mitchell Tsai
Likewise, in adulthood, ambition was not a problem and taking it easy was not healthy. In fact, those who were carefree, undependable, unambitious in childhood and were unsuccessful in their careers had a whopping increase in their mortality risk.
- Mitchell Tsai
Many of the participants were something of a worrier throughout their life. But it turned out that these concerns prompted them to take better care of their health, especially among the men, and especially after challenges like the deaths of their wives. Particularly for those with no close family member to urge them in the right direction (and especially for men), neurotic tendencies promoted longevity.
- Mitchell Tsai
One common myth that we busted is the idea that, if you believe that you are very loved and cared for, then you are definitely on the road to good health and long life. Although social relations and good ties to others were very important to staying healthy, feeling cared for wasn't crucial. Rather, the participants who had lots of other people in their lives — friends, family or co-workers — stayed healthier, and this effect was increased if they volunteered and got involved in helping others.
- Mitchell Tsai
Helping and loving others is more important to health than feeling helped and loved oneself. Sounds philosophical but turned out to be scientific fact. See http://ff.im/A60BE Wide Social Networks Are Key to Good Health, Says Study [Laura Blue, Time - 7/28/10]
- Mitchell Tsai
...women who got divorced, often leaving a bad marriage, tended to thrive, as did single women! In fact, even widowed women often did unexpectedly well. Why? Women were able to rely on other friends, whereas many men depended on their wives for their social networks and so were devastated when they lost these ties.
- Mitchell Tsai
Health is more than the absence of disease. The implicit view is that most individuals will naturally stay healthy, but if by chance they get sick, then well-trained physicians should be available to treat them. My many years of study of the Terman participants have led to a different conclusion. Our studies suggest that a society with more conscientious goal-oriented citizens who are well-integrated into their communities is likely to be a society of health and long life.
- Mitchell Tsai
See http://ff.im/A5YEz How Being a Jerk Shortens Your Life - How Intelligence and Personality Affect Longevity [John Cloud, Time - 2/28/11]
- Mitchell Tsai
Are you sure that's not just the recipe for making life _seem_ longer? ;)
- Eivind
How Being a Jerk Shortens Your Life - How Intelligence and Personality Affect Longevity [John Cloud, Time - 2/28/11] - http://healthland.time.com/2011...
Biao, Victor Ganata, Cristal Blue Persuasion and 2 other people liked this
Beware jocks and mean girls: you may be more popular in high school, but according to a new academic paper http://psi.sagepub.com/content... it is the smart kids and conscientious glee-club types who will live longer. Not only that, they will suffer fewer diseases before they die. Only the good die young? Guess again.
- Mitchell Tsai
from Bookmarklet
Smarter people are more adept at avoiding accidents, and they are more likely to understand public-health campaigns against smoking or drug abuse. Studies typically show that by middle age, there is a reliable correlation between low IQ and rate of hospital admission, even when researchers control for socioeconomic differences.
- Mitchell Tsai
A more puzzling but just as reliable finding is that people of lower intelligence are more likely to have disorders that stem in large part from genes. For instance, the new paper quotes a 2010 finding that those who have IQ scores just one standard deviation lower than the mean have a 60% greater risk of being admitted to a hospital for schizophrenia.
- Mitchell Tsai
That could be because admitting staffs are biased against people they see as less intelligent, but low intelligence is also correlated with greater risk of alcohol problems, depression, anxiety, late-onset dementia and posttraumatic stress disorder — again, even after researchers control for class variances. The same goes for risk of death by suicide and homicide and risk of injury from fights, stabbings, or maulings with blunt instruments.
- Mitchell Tsai
Some of these relationships can be explained simply: stupid people make stupid decisions.
- Mitchell Tsai
But no one decides to be schizophrenic or to have dementia (or, for that matter, to be mauled by a blunt instrument). ... “One possibility,” write Ian Deary, Alexander Weiss and David Batty of the University of Edinburgh, “is that intelligence might capture suboptimal neurodevelopment.” Which would mean that the less intelligent have not only more limitations on their cognitive growth but that their very brains are constructed worse, leaving them more susceptible to physiological problems such as dementia.
- Mitchell Tsai
Still, the strong relationship between lower intelligence and higher risk for illness also exists for non-brain ailments such as cardiovascular disease. According to a 30-year Scottish study published in 2004, a one standard-deviation disadvantage in intelligence at age 11 was related to an 11% increased risk of hospital admission or death due to cardiovascular illness.
- Mitchell Tsai
A seminal 1959 paper published in the Journal of the American Medical Association found that Type A people — hard drivers, people who face high competition and strict deadlines — are at higher risk for coronary heart disease. That finding is now so common that we take it for granted.
- Mitchell Tsai
But it's also true that cardiac patients with Type D personalities — those who lack confidence and are prone to irritability — are at substantially greater risk for poor outcomes including death, according to a 2006 study. By contrast, patients open to experiences (art, ideas, feelings) are at lower risk for cardiac mortality.
- Mitchell Tsai
Studies have shown for nearly 20 years that the key personality trait that predicts longevity is conscientiousness. In one long-term study, students judged by their parents and teachers to be conscientious as 12-year-olds were more likely to be alive when researchers followed up 64 years later.
- Mitchell Tsai
Surprisingly, though, the same study found that cheerfulness was related to greater mortality risk, suggesting that happy, popular kids turn out to be at greater risk for disease later on, perhaps because they feel overly confident about their abilities to defeat life's difficulties.
- Mitchell Tsai
High conscientiousness predicts a lower likelihood of developing all kinds of illnesses: diabetes, high blood pressure, hernia, bone problems, sciatica, stroke, Alzheimer's and tuberculosis. More conscientious HIV patients also enjoy a slower progression of their disease as indicated by viral loads, perhaps because they learn from helping others why it's important to care for themselves.
- Mitchell Tsai
As for other personality types, neurotic people tend to smoke more, as do ill-tempered people.
- Mitchell Tsai
According to the Ediburgh team, a major flaw in these findings is that most of the studies that generated them did not adequately control for socioeconomic status (SES). Still, the authors write that the studies that did control for SES found that it “accounts for only a modest amount of the relationship between personality and health.”
- Mitchell Tsai
See http://ff.im/A5TFS The Secrets to Long Life: Worry, Work Hard and Marry Well (If You're a Man) - With Howard Friedman, the Psychologist Behind An Eight-Decade Study on Longevity [Hans Villarica, Time - 3/17/11]
- Mitchell Tsai
The Key to Health, Wealth and Success: Self-Control [Maia Szalavitz, TIME - 1/24/11] - http://healthland.time.com/2011...
Biao, Cristal Blue Persuasion, Lisa L. Seifert | FHG™ and RAPatton liked this
Self-control may be the secret to success, according to a persuasive new study that followed 1,000 children from birth to age 32: children who showed early signs of self-mastery were not only less likely to have developed addictions or committed a crime by adulthood, but were also healthier and wealthier than their more impulsive peers.
- Mitchell Tsai
from Bookmarklet
Kids who scored low on such measures — for instance, becoming easily frustrated, lacking persistence in reaching goals or performing tasks, or having difficulty waiting their turn in line — were roughly three times more likely to wind up as poor, addicted, single parents or to have multiple health problems as adults, compared with children who behaved more conscientiously as early as age 3.
- Mitchell Tsai
The new research confirms the findings of the famous Stanford marshmallow study http://ff.im/A5WpX http://newyorker.com/reporti... which found that young children who were able resist grabbing a fluffy marshmallow placed in front of them — for 15 long minutes — in order to get two of them later scored an average of 210 points higher on the SAT than kids who couldn't wait. About one-third of the 4-to-6-year-olds studied were able to withstand the sweet temptation.
- Mitchell Tsai
By adulthood, children in the highest self-control group were significantly less likely to have multiple health problems (11%), compared with kids in the lowest self-control group (27%). They were also much less likely to have addictions to multiple substances (3% vs. 10%, respectively)
- Mitchell Tsai
Only 10% of kids with high self-control grew up to have low income — less than $20,000 per year — compared with 32% of their more impulsive peers. Forty-three percent of the least disciplined children had a criminal record by age 32, compared with just 13% of the most conscientious. And as adults, 58% of kids who had low self-control had become a single parent; this was true for only 26% of the high self-control group.
- Mitchell Tsai
In previous research, researchers have found that impulsiveness and out-of-control behavior are more common in children who have experienced loss, trauma or violence — factors that tend to affect poorer kids more than rich ones. "If you have adverse experiences, that's going to turn up the stress response," says Perry, explaining that stress may affect the proper development of the...
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- Mitchell Tsai
Although Moffit's study found some "concentration of low self-control children in homes with low income," the author says, the correlation was small. "There were plenty of well-to-do children with very low self-control."
- Mitchell Tsai
In fact, poor children who scored best on measures of self-control were more likely than others to become wealthy in later life. "One interpretation of the findings is that children with high self-control who began life in low-income homes ended up as adults with higher incomes," says Moffitt.
- Mitchell Tsai
Not surprisingly, many of the lapses in self-discipline that led to the worst life outcomes occurred during the teenage years: teens who had scored lowest in measures of self-control in early childhood were the most likely to make mistakes in the first place. And even those low self-control teens who managed to avoid smoking, pregnancy and alcohol or other drug problems, and stayed in school did worse later in life than their more disciplined peers.
- Mitchell Tsai
"This suggests that there might be a better return on investment from early childhood interventions," Moffitt says. "Trial and error is a healthy part of teenage life," she adds. "But teens with good self-control engage in trial and error strategically, and they appreciate the difference between a useful learning experiment and real danger...
- Mitchell Tsai
Intriguingly, about 7% of the children in Moffitt's study dramatically increased their own self-control over the course of the research, suggesting that such change is possible. But researchers don't know how or why this happened.
- Mitchell Tsai
"We have deeply held cultural beliefs about self-control — the importance of thinking about the future, persisting with the chores of life — which show up in fables like 'The Ant and the Grasshopper' or 'The Tortoise and the Hare,'" says Farah. "This research shows that there is great wisdom there — delaying gratification and hanging in are aspects of self-control that bring great benefit."
- Mitchell Tsai
See http://ff.im/A5TFS The Secrets to Long Life: Worry, Work Hard and Marry Well (If You're a Man) - With Howard Friedman, the Psychologist Behind An Eight-Decade Study on Longevity [Hans Villarica, Time - 3/17/11]
- Mitchell Tsai
The secret of self-control [Jonah Lehrer, The New Yorker - 5/18/09] - http://www.newyorker.com/reporti...
Biao liked this
Children who are able to pass the marshmallow test enjoy greater success as adults.
- Mitchell Tsai
from Bookmarklet
Once Mischel began analyzing the results, he noticed that low delayers, the children who rang the bell quickly, seemed more likely to have behavioral problems, both in school and at home. They got lower S.A.T. scores. They struggled in stressful situations, often had trouble paying attention, and found it difficult to maintain friendships.
- Mitchell Tsai
The child who could wait fifteen minutes had an S.A.T. score that was, on average, two hundred and ten points higher than that of the kid who could wait only thirty seconds.
- Mitchell Tsai
See http://ff.im/A5Vkk The Key to Health, Wealth and Success: Self-Control [Maia Szalavitz, TIME - 1/24/11]
- Mitchell Tsai
Google Making Extraordinary Counteroffers To Stop Flow Of Employees To Facebook - http://techcrunch.com/2010...
Jesper Lind, Jason A. Samfield, gozde alkan and 88 other people liked this
"One recent Googler, we’ve confirmed, was recently offered a counter offer he couldn’t refuse (except he did). He was offered a 15% raise on his $150,000 mid level developer salary, quadruple the stock benefits and…wait for it…a $500,000 cash bonus to stay for a year. He took the Facebook offer anyway."
- Paul Buchheit
from Bookmarklet
Google can hire me any day.....
- Roberto Bonini
Hi Paul, just out of curiosity, do you think if this story is true?
- Can Demirezen
Yes, it is. Many people at Google use Facebook offers in order to get a big raise.
- Paul Buchheit
It's the same story here in Italy, but for players of soccer...
- @zaps
and a big number of ex-Googlers transferred to Facebook.
- Ozgur Demir
It's no different than what MSFT and Yahoo! employees did in that past. At these time the destination was Google. The important metric would be their persistency in their next destination (if they made the switch) or the mean time between their "i'm leaving" bluffs.
- Berk D. Demir
seek no persistency Berk... that flow is consistent.
- Ozgur Demir
There's no way 150k is a mid level salary (without bonus). I looked at the disclosures for 2008 Google supported H-1B visas and 120k is the highest just 2 years ago.
- Doug Brooks
Doug, $150k is not uncommon for an experienced engineer in SV.
- Paul Buchheit
I think that the story is basically true, but that the numbers are somewhat exaggerated (or misinterpreted by TechCrunch), especially the $500k cash bonus.
- Tudor Bosman
I have some real numbers from recent such events, and while it's not cash, the number of GSUs being handed out are pretty astonishing. There's a serious bidding war going on.
- Piaw Na
You'd think Google could figure out the reasons people want to switch and use the money to fix the discrepancy. If you pay someone half a million dollars to stay for a year, they'll only stay for a year (and probably not be as productive in the interim).
- Kevin Fox
And I thought I did good with my 1 year stay bonus :P
- Juan Pablo González
interesting, I thought the conventional advice was to never take counter offers for fear they will just drop you at a more opportune time, but maybe if they're offering up that kind of cash, they are genuinely interested in keeping, not just blocking the exit of, the employees. also, funny how this is the exact opposite of the zappos pay people to leave approach http://blogs.hbr.org/taylor...
- Karl Rosaen
Unbelievable...
- Jonathan Beckett
"if you get 1/10 of 1%, that’s $100 million in stock." Uhh... There are only so many percents to go around...
- Brian Johns
@Kevin: Google is not stupid. They don't hand out cash. Retention packages are all in GSUs that vest over 4 years. Now, one statistic that I heard is that even people who receive the massive packages on average only stay for 2 years.
- Piaw Na
wowowowow amazing #braindrain
- Susan Beebe
Just realized that a "mid level developer" at Google makes MUCH more than a "high level program manager" at a multi-billion dollar international. Wild guess that FB would have no interest in making me an offer (and that my company would laugh at me if I presented a FB offer to them expecting a counter). Ah, Silly Valley, you're still silly!
- Ryan Kaisoglus
I still call bs. I'm in silicon valley too :) Here's some H-1B data to support my skepticism. http://www.flcdatacenter.com/CaseRes... BTW I'm not saying that engineers aren't making this, just that it's not the mid/entry level guys.
- Doug Brooks
Google isn't the only company being poached from by FB.
- Mr. Gunn
Doug, there are several ex-Googlers commenting here, and none appear to disagree enough with the reported salary to point it out. Besides, the report said "mid-level" (not "entry level") which covers a wide range. There are some (non-senior staff) software engineers on your list that earn comparable amounts: e.g.: I-07330-3751869 147,000; I-08023-3822031 140,000; I-07352-3779209 139,000.
- Simon
I wonder if Google HR is desperate or trying to bluff Facebook into overpaying for folks.
- John Piscitello
That would be a very expensive bluff.
- Tudor Bosman
It's amusing that there is so much disbelief in these comments.
- Paul Buchheit
hockey curve?
- A. T.
@lelapin Well, all those underpaid brilliant engineers better start coming out of the woodwork. :-)
- Piaw Na
Perhaps instead of Big Money, Google should be offering increased autonomy and more chances to change the world. From the outside, and far away, I'd suspect the project coolness factor may matter as much as the bigger payout.
- Andrew C (✓)
from Android
A.T, here's a graph showing a hockey stick pattern: http://www.joelonsoftware.com/article... (it's a tough subject to google because you get flooded with ice hockey or climate controversy results)
- Micah
Also... and this is Monday morning quarterbacking, I realize that... Google should've put a hole or two in the scams FB used to rely a lot on for revenue. With a multi-pronged approach: technical and PR and political lobbying. (obviously it wouldn't have been framed as anti-FB, but pro-user, anti-scam.)
- Andrew C (✓)
from Android
Andrew C: Google already offers plenty of autonomy and chances to change the world. The people who are leaving/getting massive retention packages aren't leaving because FB changes the world more. Many of them wanted to leave because they were consistently under-valued at Google.
- Piaw Na
TechCrunched: http://techcrunch.com/2010...
- Louis Gray
With all that talent, I wish FB deployed even a tiny portion of it to maintain Friendfeed
- Paola Bonomo
Why do people think 150k is over the top? $150k would be high here (Australia), but not crazy-high, and we don't have as much competition. If you include contract engineers I know quite a few people making that pretty easily. +15% + 4x stock benefits + 500K is nice though!
- Nick Lothian
Nick, I don't think $150k is over the top for Google. I think that $150k plus all the variable comp is over the top. Further, I think that outside of the small world of Google, FB, Twitter, etc, $150k for a mid-level developer is very high. Point of comparison: I work for a Fortune 5 company that also happens to be one of the 15 largest producers of software in the world (though...
more...
- Ryan Kaisoglus
@Ryan: http://seek.com.au/jobsear... - that's the java job market for Australia. Over 1200 jobs paying over $120K (multiple that by 1.1 to convert to US $) - and that's only including jobs where they advertise the pay. Edit: It's actually a lot more than that - a lot of the ads are for multiple positions (eg: we require 11 developers)
- Nick Lothian
The Un-Divorced : Why Divorce? Just Stay Separated [Pamela Paul, New York Times - 7/30/10] - http://www.nytimes.com/2010...
Biao liked this
Warren Buffett, the wealthy chairman of Berkshire Hathaway, separated from his wife, Susan, in 1977 but remained married to her until her death in 2004. All the while, he lived with Astrid Menks; they married in 2006. The threesome remained close, even sending out holiday cards signed, “Warren, Susan and Astrid.”
- Mitchell Tsai
from Bookmarklet
Divorce lawyers and marriage therapists say that for most couples, the motivation to remain married is financial. According to federal law, an ex qualifies for a share of a spouse’s Social Security payment if the marriage lasts a decade. In the case of more amicable divorces, financial advisers and lawyers may urge a couple who have been married eight years to wait until the dependent spouse qualifies.
- Mitchell Tsai
For others, a separation agreement may be negotiated so that a spouse keeps the other’s insurance until he or she is old enough for Medicare. If one person has an existing condition, obtaining affordable health care coverage is often difficult or impossible. The recession, with its real estate lows and health care expense highs, adds incentives to separate indefinitely.
- Mitchell Tsai
“Many people I’ve worked with over time enjoy the benefits of being married: the financial perks, the tax breaks, the health care coverage,” said Toni Coleman, a couples therapist in McLean, Va. “They maintain a friendship, they co-parent their kids, they may do things socially together. Sometimes they’re part of a political couple in Washington or have prominent corporate positions. But they just feel they can’t live together.”
- Mitchell Tsai
What Ms. Coleman finds surprising is that the primary consideration is practical and financial, not familial. The effect of endless separations on the children rarely seems a priority. “People split up and have these God-awful joint custody arrangements, so you would think that they stay separated for the kids’ sake, but I’m not seeing that,” she said. “It usually comes down to money.”
- Mitchell Tsai
Metric Talk Landing The 'Eclipse' Theme Song - http://www.prefixmag.com/news...
"one band scored the biggest get of the soundtrack: Metric's new emo-sounding "Eclipse (All Yours)" is the film's "theme song" kicking off the credits when the vampire decides not to bone that one chick (I'm guessing. Am I far off?). Metric are suitably stoked for the chance to be on the soundtrack, and they wrote the song with composer Howard Shore, who apparently hand-picked the band to work with him on the track: "He wrote the whole score to build to that moment. I'm just fascinated by the scale of that as a writer. Our challenge was to express an epic euphoria, which was hard for us – we're big on minor chords. But it's got a big sound. I think it's a beautiful song." I guess that's an arty way to describe getting paid to soundtrack a movie about how vampires withhold sex. But whatevz, good for Metric getting some paper. They're also going to be soundtracking a cut on the Scott Pilgrim vs. The World soundtrack, so there's that."
- RAPatton
from Bookmarklet
I wonder if they'll play either this or their Scott Pilgrim vs. The World song tonight
- RAPatton
Just checked recent setlist, and it doesn't appear that those tracks show up, but we will get Empty, Combat Baby, Fight For Your Right (Beastie Boys cover) and Hey Hey My My (Neil Young cover). I think the boys will have a good time and I bet Alex will buy a T-Shirt from the opening Act, Bear in Heaven.
- RAPatton
Dior Handbags Not Helped By David Lynch "Film" - David lynch dior film - Jezebel - http://jezebel.com/5540990...
ebru, Biao, Rob H. and 7 other people liked this
"Lady Blue Shanghai, is, in true David Lynch form, a weird, surreal tale, starring Marion Cotillard and complete with moody music and wafting smoke. But unlike Lynch's other films, this one is really a commercial. For Dior. Louis Vuitton and Prada have made short internet films pushing handbags before, but Dior doesn't just attempt to dazzle with existential meaning or trippy animation. No, the draw here? Noted director Lynch and award-winning actress Cotillard. On the one hand, it's genius; Dior may have paid Lynch and Cotillard a hefty sum for the project, but since the clip's online for free, the brand doesn't have to bother with ad space on a major network."
- edythe
from Bookmarklet
yep. heh.
- edythe
Lynch has actually done several commercials...I'd have to look stuff up to find the others, but I know I've seen them. Cotillard has been a Dior spokeswoman for more than a year, doing at least two other short films like this (shorter than this) and a song. I'm not entirely sure what Jezebel's issue here is...
- Jandy
"To be born, or at any rate bred in a handbag, whether it have handles or not, seems to me to display a contempt for the ordinary decencies of family life which reminds one of the worst excesses of the French revolution, and I presume you know what that unfortunate movement led to?"
- Brent
Jandy: Here's a link I stumbled on featuring his other commercial work: http://www.lynchnet.com/ads/
- Brent
Stiglitz reviews Keynes' biography: "economic theory never provided much support for free-market views" http://www.lrb.co.uk/v32... (LBR)
Biao liked this
On having layout — the concept of hasLayout in IE/Win - http://www.satzansatz.de/cssd...
Biao liked this
I’m with the Book: Why Authors Want to (and Should!) Be Invited to the Oscars | Little Gold Men | Vanity Fair - http://www.vanityfair.com/online...
Maryam, Biao, Lis and 3 other people liked this
"Last night, Paramount finally awarded poor Walter Kirn a ticket to the 82nd Academy Awards after he took to Twitter to air his disappointment about not being invited. His plaintive tweet—“Caution to writers: don't expect that because you write a novel that becomes an Oscar-nominated film that you'll be invited to the Oscars”-- might have sounded whiny to some, but his anguish wasn’t exactly unwarranted. Would it have been fair to deny Kirn some Kodak Theater glory, considering he wrote Up in the Air, the book that became the film, starring George Clooney and Anna Kendrick, that is nominated for six awards this year, including best picture and best adapted screenplay? “I don’t need to see what Angelina Jolie is going to wear. I don’t need to share a smoke in the men’s room with Jack Nicholson. I want to be there with the people who did my book a great artistic service. I want to be there in the same way you want to be at your high school graduation or your best friend’s birthday...
more...
- RAPatton
from Bookmarklet
"Winston Groom, the author of Forrest Gump, considered Kirn’s predicament yesterday, before Kirn had been notified he would have a seat: “Somebody is being rude to him. He should figure out some way to fuck them.” Kirn sort of did just that; when he publicly aired his grievance, The New York Times, the New York Post, and New York Magazine, among others, took notice, and the studio was...
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- RAPatton
"Up In the Air and The Blind Side are not the only movies-from-books nominated this year; journalist Lynn Barber wrote An Education (novelist Nick Hornby adapted it); and there’s Precious: Based on the Novel Push by Sapphire, which helpfully incorporates the book title and author into the film’s name. (Sapphire has been invited to the ceremony, but Lionsgate did not confirm whether she...
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- RAPatton
"It’s an old saw that there are no new ideas in Hollywood. Roughly half of the best pictures in Academy Award history sprang from novels or stories, give or take a few of those “loosely based” literary ones, like My Fair Lady (1964 winner; based on Pygmalion, which was based on… Pygmalion), The Deer Hunter (1978 winner; based on Erich Maria Remarque’s 1937 novel, Three Comrades), and...
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- RAPatton
This Too Shall Pass by OK Go - http://laughingsquid.com/this-to...
The 8 Phases of Dating - http://divisibleby0.com/dating...
Matt Hilton, Rob Michael (Atmos Trio), Playing Well with Others and 65 other people liked this
positive.
- Bren
This is SO cute haha
- Mona Nomura
"THPPBT"
- Carlos Ayala
Lord, not I said the fly. ;)
- Mona Nomura
Lol. The last one with all the babies is the funniest.
- Alan Le
Sounds an awful lot like my daily high school life, I swear. :)
- Zach Flauaus
Wow thats definitely depressing and most certainly not how I get down.
- Nicholas Kreidberg
I know yours mostly are, but is this SFW? I'm a little scared to click... :s
- Kamilah Reed (K. Gill)
LOL, Kamilah they are. ;)
- Mona Nomura
Thanks... it's *semi* safe, it does include some f-bombs. Wish I could easily shrink it down a bit more. Anyway, it was kinda sad :( I keep hoping things won't go that way... this Exciting Phase has lasted for a solid 6 months so far...
- Kamilah Reed (K. Gill)
Reminds me of the joke about the phases of sex... The 1st kind of sex is Smurf Sex. This kind of sex happens when youfirst meet someone and you both have sex until you are blue in the face.The 2nd kind of sex is Kitchen Sex. This is when you have been withyour partner for a short time and you are so horny you will have sexanywhere, even in the kitchen.The 3rd kind of sex is Bedroom Sex....
more...
- Tinfoil 2.0
HAHAHAHAHAHA...LMAO!!!!
- Anna Haro
Scary...
- Mark Aitken
from fftogo
LOL I think i'm stuck in a phase 1,2,3,6 loop
- ·[▪_▪]·
Getting to 1 is a struggle for me, oh my life. :-(
- Kol Tregaskes
AWESOME!! ROFLMAO!!
- Susan Beebe
Omg I shared this almost a year ago!
- Mona Nomura
from iPhone
Wow, talking about ressurecting a zombie thread. 8^P
- Chieze Okoye
I'm super stoked I connected wiht the artist!
- Mona Nomura
IMDB API -- If you don't have an API, someone will build it - http://imdbapi.poromenos.org/
Biao liked this
It'll be interesting to see how long this lives, but it's a nice hack.
- jr conlin
from Bookmarklet
Cycling’s One-in-a-Million Story. Overworked Wall Streeter Buys a Bike to Stay Fit, Discovers an Elite Talent - WSJ.com - http://online.wsj.com/article...
Peter Hoffmann, Dan Hsiao, Biao and Felicia Yue liked this
Very cool
- Jennie Lin
from Bookmarklet
"The story behind Ms. Stevens’s dramatic rise from nowhere to the top echelon of an international sport isn’t the usual cliché of hard work, sacrifice and perseverance. In fact, if there’s a lesson aspiring athletes can take from this, it’s that it helps to be blessed with very good genes. The truth is that Ms. Stevens is one in a million: She was lucky enough to stumble into the exact pursuit she was born for."
- Dan Hsiao
I've always wondered what it would be like if Michael Phelps had never entered a pool, if Earl had pushed Tiger into track and if Federer and Nadal had taken up soccer instead. In a much lesser way, I think it's what we all hope for, that we stumble into the exact thing we were born to do.
- Rebecca Sun
YouTube - Help I'm Alive - Acoustic - http://www.youtube.com/watch...
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Iain Baker, RAPatton, Jérôme and 3 other people liked this
Metric Acoustic
- SteVe C
from Bookmarklet
Zooey Deschanel’s Belated Dance Break on ‘(500) Days of Summer’ - NYTimes.com - http://www.nytimes.com/2009...
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edythe, Bluesun 2600, Derek Coward and 6 other people liked this
"FOR all the usual flirting glances, headlong swooning, breaking up, reuniting, kissing, crying, pained longing and drunken karaoke that take place in “(500) Days of Summer,” it is still being marketed as an unconventional date movie. But recently at an echoey sound stage here the film’s director, Marc Webb, and its two young stars, Joseph Gordon-Levitt and Zooey Deschanel, were in the throes of a different kind of affair. In this particular love story a young filmmaker and a pair of busy actors offered to make a promotional music video for their movie free of charge just because they enjoy one another’s company. Besides, Mr. Webb said, there was a blunder of his that needed to be corrected."
- RAPatton
from Bookmarklet
"Of course making a movie is one thing; dealing with the responses to it is another. Ms. Deschanel still doesn’t know what to think about the reactions of some interviewers to the seeming reversal of gender roles in “(500) Days of Summer”: Summer is uninterested in romantic commitment, and Tom can’t wait to start nesting. Some male journalists have asked her, “Why is Summer such a...
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- RAPatton
I am surprised they asked her “Why is Summer such a bitch?”
- RAPatton
FUN FACT: This guy was the last Supreme Court nomination rejected by the Senate http://en.wikipedia.org/wiki.... Also is the origin of the verb "Borked"
Biao liked this
Best Marriage Proposal Ever! In DisneyLand - http://www.youtube.com/watch...
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James Furlo, Aaron Draczynski, Micah and 10 other people liked this
Poor girl...wonder when she'll realize he's gay? ;-) I have to say, though, that was pretty cool.
- Ryan Kaisoglus
I'm guessing this is staged by Disney. Where's security? Why is the audio so good? Where is the music coming from? And I count at least three cameras, two up high somewhere, somehow not being hassled by security...
- Seth
Seth, if its real, its my guess that the guy worked it out with Disney.
- Rachel Lea Fox
They *met* on Main Street U.S.A. at Disneyland?
- Dan Hsiao
maybe they both work there?
- Rachel Lea Fox
The video is also under the DisneyParks account on YouTube: http://www.youtube.com/watch...
- Dan Hsiao
My guess is that he works there and she doesn't. That would explain how they met on Main Street USA.
- Kevin Fox
As an Anaheim native, I approve of this extended proposal, and deem it valid and in full force.
- Micah
is fake: http://ocresort.freedomblogging.com/2009...
- Biao
Resident Evil Shirt Feasts On The Flesh Of The Living - http://lslinks.laughingsquid.com/residen...
Biao, scotu ._.,, Willem (@wim66) ☠ and John liked this
Fallout Themed LARP Event in Leningrad, Russia - http://lslinks.laughingsquid.com/fallout...
Holden Caulfield, Lars Clausen, Peter Renshaw and 3 other people liked this
very cool.
- Calvin Ayre
San Francisco Themed T-Shirts by Headline Shirts - http://links.laughingsquid.com/post...
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Biao and Ranger Craig liked this
Question for you all. I have a trademark for TWiT® - first used in May 2005, trademark applied for May 2006 and registered March 2007. The trademark is in "Entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows." http://tess2.uspto.gov/bin...
Dobromir Hadzhiev, Richard Thomson, Dakota O'Neill and 168 other people liked this
Up until now there's been no conflict with Twitter itself because the brands were in different arenas. (We have, however, sent out cease and desist letters to companies using "twit" in their name and doing audio or video). But now Twitter is doing a TV show. The confusion between TWiT and Twitter is mounting. What do I do? Defend my mark? Or let my brand be swallowed by the big guy (even though we were first by several years)? I need your advice. What does the community think?
- Leo Laporte
Defend your trademark, 99% of people will totally understand, you have to do it, or you'll loose it!
- Chris Lloyd
Defend it. People that watch Twit Tv will also defend it.
- Jason Rundell
Can't put the toothpaste back in the tube. Does TWIT still stand up as an accurate brand for all the new stuff you are doing with TWIT Live? Might be time to find a new visual/brand identity.
- BryanSchuetz
At the SF MusicTech conference a lawyer called "tweets" "twits" repeatedly. Let's just say I think you should defend your mark and let TV chew up and spit out twitter.
- Richard Walker
Bryan: The TWiT name carries alot of weight in tech circles, it will take alot of money/time/effort to make a completely new name for something that will probably outlast twitter anyway
- Chris Lloyd
Incidentally, Twitter just got their trademark approved May 11, 2009 in the following "Telecommunication services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via email, instant...
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- Leo Laporte
There is nothing ideal about any aspect of IP law.
- Richard Walker
Chris: I think Leo's name carries more weight than TWIT and (for me at least) he IS TWIT so I don't see it as quite such a big deal.
- BryanSchuetz
Of course, there's a larger long-term problem because of the way that Twitter has weakened _your_ brand. It might be less expensive (and a better use of your time) to rebrand TWiT into something that strengthens your brand and moves it away from Twitter; avoiding any future problems (and there will be future problems). You can't fight Oprah.
- Professor Messer
Leo - your brand, as most evidenced by your show and content is awesome - for a small group of peeps who have had a chance to discover it and enjoy. I'd use the overlap in marques to leverage Twitter in some type of promotional / service partnership, whilst still retaining your brand and the equity you've built. Don't fight em, join em, at least tactically.
- Thom Kennon
Never give in to the big guy!
- Brian Harper
I'm with the majority, defend your trademark and your legacy.
- JCunwired
Defend it Leo. You built the brand and they need to honor that.
- Robert
I always thought calling the network the same name as a show on the network was wierd. But it's a recognized brand, and I wouldn't give in. Send some mails to all the twitvid.io's out there.
- Anton
Is the BIG guy really that Big? Plus, with the way busines is changing one thing seems to remain the same...protectionism, let's sue someone it's easier. I'm suggesting your desicion is easy here Leo but in light of the landscape changing do you really have a chance? The other question to ponder is this, Twitter is the hot thing now but will it be 5 years from now and will it be true...
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- Owen Greaves
speaking from a british point of view a twit is someone who is a little silly or stupid. I think your podcast can stand up against the everising onslaught of twitter. Why not rise above all this discussion and say what you are This week in technology, a fantastic poscast full of wit and essential information for gadget freaks such as myself. Let the owners of twitter gabble on, in my book baby creatures twitter and you are certainly no TWIT.
- Chris Jennings
@ Professor Messer 'You can't fight Oprah' is not totally correct. You can FIGHT her, can you win? Maybe. I think, offline, Leo VS Oprah would go several rounds. Tweetfight says otherwise.
- Jason Rundell
Defend it Leo. What's the use in having a trademark if others can infringe upon it.
- TechListReport
Sorry to say, my girlfriend recently yelled at my for watching 'Twitter' when I was really watching TWiT live. Confusion does exist for people who don't fully understand what each service is.
- Wo
The good thing about trademark law is that it's well established and legally documented. The problem with trademark law is that it's well established and legally documented. You need a brand to create awareness, and you need the trademark to protect your established brand. This one is sticky because TWiT is well established but it's going to be an expensive brand to protect. Twitter's...
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- Professor Messer
@Jason Rundell, don't get me wrong, I'd love to see a cage match between Leo and Oprah (who wouldn't?). But it'll cost a lot of time and money. Sometimes it's better to be smarter than the legal system.
- Professor Messer
Oh, and I think this is just the opportunity we need to resubscribe our iTunes and take over the top 10 lists. :)
- Professor Messer
Can I ask - did TWiT exist before Twitter? Or did Twitter exist first? And - is your name TWiT based on Twitter, at all?
- Chris Loft
Chris Loft: TWiT predates Twitter and comes from This week in tech...
- Chris Lloyd
I think it's only right to defend your trademark Leo. You were there way before Twitter and just because they have gained significantly increased attention and media coverage, doesn't mean you have to lay down and submit to Twitter. I would defend your mark vigorously if I were you. You've worked hard to build your brand.
- Marty McPadden
Chris Loft proves that there is confusion between the two.
- Anton
Leo - TWit is an incredible brand and network of invaluable podcasts - you simply have to defend it
- Robert Davies
Fight for it. When they try to get additional financing make your move. Asserting your trademark will cause them to settle or buy you out when they go public.
- Alan Morris
I think that once you see the Twitter television show, you'll probably want to distance yourself as far away as possible.
- Professor Messer
Defend your trademark. I get more intellectual engagement from the TWiT network of shows than I do from most of my Twitter community.
- Eric Geller
Use whatever legal tools you have available to defend your brand, especially if Twitter is talking about crossing into audio/video. You have a strong product, and Twitter is creating brand confusion in the market. A hard line needs to be drawn between your product and theirs, and it's clear that they are not going to keep a respectful distance with TWiT.
- Jason Miller
You have to rise above the emotion and make a business decision. How much will it cost you to defend versus how much will you gain? Simple cost/benefit. My guess is that this fight will cause you to lose focus on your work, be a financial hardship as you go up against a company with VC backing, and all for the "possibility" that you will win and maybe get some compensation from Twitter....
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- Tom Sheppard
I thought twitvid.com was the new video netcasts Leo has been talking about, boy was I surprised!
- Daniel Rinaman
It has to be defended.Giving up and letting another company take your brand, no matter how big the company or personal feelings toward the owner, can not be an option. You built your brand and should defend it.
- David Z
Defend it Leo!
- G Dub of the Carolinas
You need to defend it Leo. You had the trademark first.
- imperator3733
How about a name like LeoCast... No confusion there.
- Rustic Thoughts
It's YOUR mark Leo and you have worked hard to make it as well-known as it is. Defend what's yours!!
- Jim Connolly
Twitter will be virtually gone like Classmates and MySpace in a few years... Keep the name!
- Rick Harvey
yes defend your trademark
- Alfonso alatorre
Twit came before Twitter I think you should defend it. it is dumb anyways Twit and Twitter is not even the same word, it would be like CocaCola suing Coconut because of COC
- URLREVIEWS
Twitter is going to be a realty show based on stalking celebrities. It wont last more than one season.
- Rustic Thoughts
I say let it roll. Your a 'big guy' in your own field, but Twitter is bigger. Play off of them. You could be bigger. Look at all the petty stuff that Microsoft did..and where did it get them? Bad Press.
- Gene
To keep your trademark you must defend it if it's being violated.
- CT Raider
I think Twitter has the brand and you don't right now. Maybe Twitter should buy it from you or you should collaborate with twitter to monetize and add your TWiT to twitter
- Amit 'zyaada' Mittal
I certainly think you should defend your trademark, isn't that why you registered?
- dcale1965
I checked Twitter's own site and it looks like Twitter launched March 1, 2006. TWiT was around well before then. Being in tech, I find it hard to believe they hadn't heard of him. It was a big podcast even then. I knew of TWiT well before Twitter. This may seem like a dumb issue to some, but a lot of people I recommended the podcast to now ask me if "it's a Twitter thing."
- JeffreyVC
Ev told me that when they were considering names for Twitter they knew about TWiT and decided it didn't matter. In their defense, they had no idea what or how big Twitter was to become. We talked about trademark early on and both agreed there was no conflict _as long as we were in different spaces_. And therein lies the rub.
- Leo Laporte
Apple Computer and Apple records recently went through this -- what was the outcome there?
- Brian Sullivan
I thought it wasn't clear infringement when Twitter came out but now that there is Twit video the infringement is very clear. I would defend.
- Robert Scoble
Lawyers are expensive. Legal fights are draining. You could spend the rest of your professional life fighting this battle. I don't know what's been going on in the back channel, and you probably shouldn't say publicly, but if you haven't tried approaching the Twitter board members privately, you might want to. Lay out the facts carefully, and if you're open to a settlement, say roughly...
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- Dave Winer
"Clear Infringement". How exactly? It's a lose/lose for Twitter if they choose to encroach or even litigate.
- Arawak
Yeah but Leo added video later. And now Twitter is adding video. The real issue is that there is no clear separation between a radio/video network and a social microblogging site these days. And our trademarking system is so ridiculous that these kinds of conflicts go completely unnoticed all the time.
- JeffreyVC
I'd say it's time to either re-brand TWiT or defend it. Deferring the decision and just living with the confusion and ambiguity is no longer an option.
- Ken Sheppardson
Defend your trademark
- Lars Clausen
Defend your brand Leo.The World Wide Fund for Nature took on the WWF and made them change their name to WWE. If they can do it, so can you.
- BRҰANSAҰS
The big problem with defending it... beyond the unfortunate fact that it's a drain on resources that could be better spent elsewhere... is it's not clear how you'd win. They're not going to change their name. They'll forever be Twitter. Is it sufficient to somehow "ban" them from ever doing anything in video? Enforcing that in perpetuity's would only raise your blood pressure.
- Ken Sheppardson
I would take the emotion out of the equation -- find out what it would cost to defend and determine what it is worth to have exclusive/non-exclusive use (maybe some subjectivity here) and make the decision using that information.
- Brian Sullivan
I say defend it but only so much as to bring more media attention to your brand... once you have the media's attention you can use that to change the brand identity if you so choose. Your followers myself included will stay fans no matter what you call your brand, but I think you have an opportunity to expand and use twitter as a means of gaining media attention!
- Nathan McClain
If you don't do this you wont have a leg to stand on in the future when you need to really protect it. I can piss all over your trademark if you do not defend it.
- David Lloyd
Leo: in a trademark fight what is the ROI? I am sure it will be very expensive and not sure you will get much in return but if you forced Twitter to change its name I am sure they would quickly settle with you.
- Robert Scoble
I still think Twitter will be as irrelevant as MySpace in 2 years, but it's your brand to protect.
- Mike Lewis
Ideal Outcome: A $$$ settlement sufficient to comfortably fund the rebranding of TWiT.
- Ken Sheppardson
Robert makes a very good point. This could get messy and expensive, although it seems like those guys are VERY hard to work/interact with.
- Brian Daniel Eisenberg
while bryan lee makes a good point, their battles took a long time to resolve. but, don't let this deter you. i would suggest you defend it. if anything, i see you have a strong case and whatever happens can be in your favour. it's possible twitter can concede in infringing in your trademark and may be even consider licensing through the course of the battle. but be very, very patient for any outcome to happen.
- sɹǝɥʇɐǝɟʞɔɐןq
Dave: wrong. Leo is who got me on Twitter. His marks were more popular and predated Twitter's.
- Robert Scoble
Leo got me into twitter too!
- Jim Connolly
I think Leo has a good chance at wining his case since he did register the copyright first. Twitter is still not a money making business. They are living off of VC money. They will probably not have the funds to mount a case since their money will be tied up with keeping twitter afloat. Am I right?
- BRҰANSAҰS
Leo also got me on Twitter shortly after they went public.
- Mike Bracco
regarding AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) the battle was very different. one of the things found was that the company had an 'infinity' of other brands to choose. it's a very different situation in detail, although it looks comparable at face value.
- sɹǝɥʇɐǝɟʞɔɐןq
Or just have them become a premium sponsor. There used to be so much twitter talk before, I think they really should be owing you some gratitude for the traffic.
- Arawak
As part of any settlement, you should demand Ev and Biz concede that individual Twitter entries are "Tweets", as embarrassed as they seem to be by that. They're net "twits" or "twitters"... they're "tweets".
- Ken Sheppardson
i'm sure something can be negotiated with twitter. a lawsuit in this case would show you're just defending your trademark because they are encroaching in your territory. you're not taking them on what they are known to do, their core competency. rather, it's stepping into your own grounds.
- sɹǝɥʇɐǝɟʞɔɐןq
not doing anything on purpose may weaken your trademark. many court cases also end up not going through the entire ordeal.
- sɹǝɥʇɐǝɟʞɔɐןq
Yep, I agree the day has come where it's either fight or flight. And I don't mean that quite the way it sounds. :-/
- Ken Sheppardson
Defend!!!!
- Mark Williamson
from BuddyFeed
I don't think you have much choice. Either you defend it or you lose it.
- Pascal Sijen
dave johnson: true, there's always a degree of uncertainty; but that doesn't mean giving up in defending one's investment in a trademark. it can be argued pragmatically and it's to the point where leo must defend his territory upon which twitter is encroaching. aye.
- sɹǝɥʇɐǝɟʞɔɐןq
I'm not sure you can win, are we aren't even sure what they're going to call it yet. If it ends up being Twitter.TV you have no chance to beat them.
- DarknessFalls
There is even a shortening service called: http://twitpwr.com/ - The brand must be defended.
- David Z
Leo: You must defend it or lose it. They need to know you also have the muscle behind you. I have the attorney that did all the trademark work for Terminator 1-4, Rambo, old timer who knows every angle. I have him on retainer and would love to join your cause. I can arrange a chat with him at no cost, then you can decide to move ahead, or if the cost seems to steep, I would be interested in partnering with you on the trademark. Fight on Leo! Let me know if you want to chat Thx Chad
- Chad Harris
I'm of the opinion that twitter's initial success back in 2006 and 2007 was in part due to piggybacking on the brand name recognition that Leo had built over the years prior.
- Chris Heath
I think defending it is what you must do, but perhaps take a different look at it all together and suggest some kind of mutual PR blitz leading into a partnership or new brand identity for TWiT. Just don't call it SyFy!
- Aaron T. Harvey
The question here is would a "Reasonable person" confuse the two? I would like to think I am a reasonable person (even though I can't spell) and I would not be confused in the least. I love the Twit network and watch several hours a week, but I don't see the issue.
- Rob
I agree that since Leo has been a twitter evangelist all these years, they should be able to strike an accord somehow. Maybe even partnering up on the whole Twitter TV Show since Leo has the video presence online.
- BRҰANSAҰS
You have to defend now, or 5 years from now you'll have a weaker case against the twitty podcast network.
- Robert Hafer
Rob, the question isn't whether or not you or I would confuse the two, but do the people who watch Oprah and maybe catch Leo on The Tech Guy confuse them...and they do.
- Aaron T. Harvey
Aaron...Do you really think they would. Am I that out of touch with the "Normal People"? If that is the case then I guess I would have to conseed that to be an issue. But I am still not quite convenced.
- Rob
Funny - I would enjoy the extra publicity - You have a loyal set of listeners - and none of us are confused. If people end up on your site -cause they are looking for twitter, maybe they will take a listen. People who are looking for podcasts on technology though i doubt will find twitter in a search.
- Laurence Gold
Rob, I've seen it happen, even with people "in the know". People think that TWiT is somehow connected with Twitter because of the name. It's a mistake that, while not happening with everyone--and maybe not even the majority--can end up costing Leo and co. money.
- Aaron T. Harvey
Protect what you worked hard to build
- Shawn Hickman
Of course you should perfect TWIT for media and tech. You have the prior art, use. It's an obvious move for Twitter to exploit their 'brand' into media. You must pursue Leo. You have been a crusader for fair-use, but there are times (like this example) where fairness requires accountability.
- michael sean wright
The commenter who noted that if you do not enforce your rights they may be weakened is generally correct. I suggest seeking an agreement that is mutually beneficial and recognizes your rights in the TWiT(R) trademark.
- erik pelton
The problem with defending your trademark is the public backlash it can generate. Think O'Reilly and Web 2.0 or Apple and Profit Pod. But in this case, if you are indeed convinced that there is some infringement of TWiT by Twitter, I think you'd be doing us all a favor if you could somehow head off their plans for a celebrity-stalking TV show.
- Dave
The problem is not really twitter, or a twitter video show, but all the people who says they just sent a twit. Also all the small companies with twit in their name, who are in the video/audio area. Twit radio, twitvid.io etc etc. I see no problem in protecting the brand. However it ends out you'll get a lot of publicity.
- Anton
Leo, this could be an opportunity for you to come out ahead. Yes it's an awkward situation and yes you could fight this on legal grounds, but there's no win for you there. Here's a way for you to win. Today your brand is a split brand--split between "Leo LaPorte" and "TWIT." You can win by focusing more on building the Leo LaPorte part of the brand. "Leo LaPorte" doesn't equal TWIT, yr...
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- Michael Metz
man you gotta defend your name and trademark,whats next a twitter podcast network?
- cliff whitefoot
I think Ken Sheppardson sums it up nicely. I don't think you even need to retain a lawyer to start with the cease and desist letters, then see if they are amenable to a settlement, partnership or other remedy. It doesn't have to, and hopefully won't ever, come to a legal battle. However, it's clear enough that unless Leo hands them his mark and re-brands on his own dime, he must defend...
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- Richard Walker
Its funny... in a way you helped make twitter the juggernaut it is today.... all the free advertisement that you have given them over the years....LOL.. Maybe they should return the favor
- Nathan McClain
Hasn't Leo said he wants to add a second host to the network? Wouldn't it also confuse viewers if they were watching the Leo Laporte Network and the show was hosted by someone not named Leo?
- Norm Corriveau
Leo, some other people have made good points, if you're going after Twitter your also going to have to go after the other sites with Twit in the name: Twitpic, Twitpwr and Twiteverything or your case will be thrown out.
- DarknessFalls
DarknessFalls: he'd only have to do that if they all launched TV shows too.
- Martin Bryant
darknessfalls, you're not getting the scope. it's about leo's twit trademark on video and what twitter plans to do that's associated with it.
- sɹǝɥʇɐǝɟʞɔɐןq
If you haven't done so already, explore the Apple case, both the legal and business issues that Apple Corps encountered. And if you DON'T defend your trademark, what's Plan B? Remember that Twitter (or its future owners) may someday sue YOU.
- John E. Bredehoft
from fftogo
Leo, take your mark and make them all change names. Is this Ustream show even official Twitter? it looks pretty lame, like they just used the word, visual branding like twitter.com. http://www.ustream.tv/channel...
- rob friedman
Don't sue unless you can find a business case and a lawyer to take the case on contingency with enough potential gain that it all wouldn't have been a big waste of time for a couple hundred dollars. But I am not a lawyer (IANAL). In fact, the grown up thing for twitter to do would be to link to you with an explanation that they aren't you and visa versa.
- Eric Standlee
Defend yourself, Leo.
- Devin Baines
Defend your trademark. Why else would you have filed it in the first place?
- phil baumann
The best solution would be for Leo to produce the official Twitter show as part of the TWiT network.
- Martin Bryant
The brand is big because of Leo yes, but having the TWiT brand is important. There are shows on the network in which Leo is not in.
- Anton
Whats the question? TWiT is yours Leo, you need to protect it, the TWiT Army is not only at your back but with 60% of new Twitter accounts not coming back, all you have to do is hold out and wait on it to fold anyways.
- Bush Williams
Anton, the band is TWiT - twit.tv? - TWiT netcast network... that is the brand...
- Chris Heath
It is totally unfair, but I want to see all of your focus and money going towards content, not legal actions. You will be endlessly sending out C&Ds or worse as long as Twitter is popular. That said, I do think you should squeeze some money out of Ev in order to cede the brand.
- invariant
Twitter offers more value to me than TWiT ever could. Sorry Leo, but this just seems like sour grapes.
- Shannon
Leo: You should do a This Week in Law on this btw.
- Anton
Shannon - how much value you get from either brand is not what is at question here.
- Chris Heath
I'm not sure if this was already mentioned in the nearly 150 comments here, but Leo's link doesn't work. Here's a better link that I hope stays active: http://tess2.uspto.gov/bin...
- Eric Geller
+1 to chris' comment.
- sɹǝɥʇɐǝɟʞɔɐןq
You have a "defend or lose" obligation under trademark law. The TWiT brand has significant value, both from a revenue perspective and and the potential cost of re-branding al your sites, moving twit.tv etc., if you lose it. Protect the mark that secures your brand. Oh yeah, on that whole "big guy" theme: Because of your stable business model vs Twitter's Twitter's evolving one, an...
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- David Lounsbury
Shannon, the post asks for advice on how to be the best caretaker of a network and its trademark - your assignment of personal value should guide your own choices, but is irrelevant to the question at hand. How can it be sour grapes if failing to act now _could_ result in losing the standing of a trademark/brand which preceded those of other players who _may_ be crossing the line to the point of infringement.
- Micah
TWiT offers more value to me than Twitter ever could. Sorry Shannon, but this just seems like sour grapes.
- invariant
What a conundrum. I can't speak much to any legal considerations. But, on an emotional level, I would imagine that not defending and potentially losing the name must feel like smiling politely as an immigration official pins you with a random Anglicized name because your real, "ethnic" name is confusing to the masses in the new world, and making a fuss is to gamble the welfare of your...
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- Micah
@Ken Camp: Isn't twitter also a common english word which can't be trademarked? EDIT: Or Windows, for that matter?
- invariant
invariant -- you mean like Apple?
- Brian Sullivan
word, err, I mean Microsoft Word
- Micah
So I think we've established that common English words can be trademarked. So what's the criteria? Has to be a noun?
- invariant
of related note, i realise that twitter is indirectly facilitating twit offshoots upon registration. this is how: registering anything with 'twitter' in the username is *banned*. so, for a user already having their heart set on using twitter as part of their 'brand' might think of using 'twit' instead. this opens up a new can of worms figuring out who is using the twit name and doing video. like how they are doing now with 'twiter', they can stop it at registration to avoid further confusion.
- sɹǝɥʇɐǝɟʞɔɐןq
I say defend it. If they are doing a TV show, they're definitely stepping on your toes. Nevermind that I can't imagine their show would be any good, but that's a different story... :)
- Jan Ole Peek
What about TwiTips? If that isn't entertainment then what is? But seriously I own several trademarks myself and I know if you don't take action then you could lose the Tmark. You have a conundrum because Twitter is so popular. So I would recommend seeking a compromise so that you won't lose your mark and appear like the bad guy with the public. Perhaps a clearer definition of the terms...
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- BLOGBloke
Other than I think he needs to see a surgeon to fix that lean to the left he has,... I love the guy and have been listening to him for about 15...16...dang probabaly close to 18 years about tech news I love the guy. And to top it off! He knows what he is talking about!! Leo makes am radio worth a listen on the weekends!
- John Apostoli
TWiT is a network providing audio and video broadcast covering issues related to the tech field. Twitter is a social network used to connect people using the basic SMS tools. While people *may* confuse the issue by referring to Twitter messages as "twits, there is no evidence that Twitter has used or endorsed the term. Unless & until Twitter (as a company) starts using the term "Twit"...
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- David J. Garcia
I've said this privately, but I guess I will say it publicly.Defend your mark. It is your livelihood. There WILL be confusion if it gets to TV, where people are not tech savvy and have no idea who you are
- Francine Hardaway
Yes, it may be expensive, and yes, these fights are draining, Dave, but until the laws are changed (an entirely different question), Leo could lose part of his livelihood through the confusion, especially since he has advertisers who would probably want him to defend. Everything in the universe doesn't happen in Silicon Valley:-)
- Francine Hardaway
David - until now that has been the case, but Twitter is planning on doing a TV show (which would definitely be infringement), which is why this debate is happening.
- imperator3733
I would certainly want you to defend it but i don't think its gonna be possible for two reasons. First Twitter is a bigger, more powerful and certainly more loved brand with more money. and you were first to infringe the unofficial agreement by hosting Twit Army. in that perspective you might not be able to defend it legally.besides the audience you've built ain't gonna be affected by what twitter does.So consult a legal advisor & take best course of action. Best of Luck
- Abhishek Sharma
I think if you approach it in good faith--initially without lawyers--you have a very good chance to work something out. Ev seems to be a very reasonable guy. Perhaps it's best to draft a strategy with counsel before any discussions though. What's really in your favor(perhaps legally, perhaps not) is that Twitter can't deny how your support and promotion for it was incendiary to the...
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- Gregg Scott
http://www.googlefight.net/... - ouch
- Nate
What's the point of a googlefight here Nate?
- Chris Heath
Sorry but the Google fight site is loaded with pop-ups that even show through popup blocker.
- Usman Bashir
Usman, I didn't get any popups (using chrome on winxp) but still it's a hideous site
- Chris Heath
Twitter has a lot of investment, but I'm not sure all of that is liquid money. You may be even in the money spent defending your Trademark. I say go for it. Do it now though if you do.
- Jesse Stay
Leo must Defend!
- Jim Mahon
If it was me, I'd defend it. While Twitter is still worth something! Talk to a lawyer first and see if you have a valid case.
- John Frazer
You must defend.
- Will Bostwick
I can't believe how long this thread has gotten!
- BRҰANSAҰS
Seems like you are getting a lot of FREE promotion as a result of twitter. My bigger concern would be not having the twit.com URL to go with your brand name. That's a big issue!
- Craig Shipp
@Craig, twit.com was registered in 1997, and it's parked.
- rob friedman
Twit is your trademark for the company you have built up. It seems rather unfair that they would brand their idea so similar. I would defend it and all the hard work you have done.
- Matthew Davis
Defend it Leo. Things may get ugly, but sometimes they just gotta.
- David Chartier
from BuddyFeed
Fight for you trademark! Especially since they knew of your prior use and now they are doing a TV show which they should know is stepping on your trademark.
- russellcoleman
What Kyle said!!
- JCunwired
Leo, FriendFeed community, let's get practical here - Twitter has more resources and probably a decent case defending against what you could file. It would be a blow to your image, to TWiT's image, and be bad press overall. You have a far greater chance of losing credibility than gaining trademark protection. You need to look into other strategies.
- Ben Parr
There is no such thing as bad Press
- Jesse Stay
from email
I would thin kthat the thing to do is to gently but firmly convince them that they are infringing on your brand, that litigation would be damaging to both of you, losing community goodwill over the fight, and that it would be simpler, faster, and cheaper for both entities if they were to pay for your rebranding effort. Be prepared to present them with the estimated costs of litigation,...
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- guruvan (Rob Nelson)
Defend your Trademark. It's the responsible thing to do as a buisness.
- Donald Forth
what Kyle & guruvan said. Does anyone else think we need threaded comments for conversations like this right here?
- Richard Walker
I'd defend the TWiT trademark.
- Jonathan Bloom
I'm not as thunk as you drink I am
- David Lloyd
Also there is this guy who has a "beef" with twitter http://twitter.co.uk/
- rob friedman
@rob friedman - That guy says Twitter doesn't require you to validate your email address. Wow, that's ripe for abuse!
- invariant
Defend.
- Tony Meyer
Talk to a lawyer.
- Zian Choy
More than a hundred comments, the community is twitting even on friendfeed. A legal action would be very difficult. You should first define your objective in doing so. Do you really want to protect your brand or settle for a lucrative compensation? Even if you get some sort of legal protection limiting Twitter to use or endorse the word "twit" to some extent, people will still be...
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- Cem ARGUN
Prior art (and obligatory MP reference) http://www.youtube.com/watch...
- Jay Cuthrell
Maybe a dead issue? At least as far as the potential fight w/ Twitter, Inc. Mashable says Twitter responds no official Twitter TV show http://mashable.com/2009...
- guruvan (Rob Nelson)
And now for something completely different... watch the meetup room if interested in seeing Spamalot in SF as a group...
- Richard Walker
I would say defend it. Of course, I'm just a Twit.tv fan and not a lawyer.
- Joey Gibson
'all this nonsense'?? wtf is that supposed to mean?
- Chris Heath
Just leave it alone until they manage to make some real money off it, then litigate. That's how it's done you know.
- Will Higgins™
Leo, I am a long time fan and constant listener to all of you work. You are a more than fair and wholly honorable man. You have had TWIT long before I ever heard of a twitter. Go with your heart Leo. I am behind you. I understand you would impede progress of any positive kind. But a cease and desist letter. Seems harsh. I think you have a winner. Let them buy the TM. Power to the people. Go Leo, you deserve it. You do only good. You are one of a kind! RodneO
- RODNEY OLIVER
PC Easy: I don't think Leo's making a big stink. The idea that twitter would get into the tv/video business would be a big thing since they have a verbal agreement with Leo not to get into that business. This may be all for nothing, since the mashable article guruvan linked above states that twitter will not be doing a show. Leo was doing the best first step (imho) in asking the community for guidance in the event that the original reporting was correct (which it does not appear to be now). So moot point
- Chris Heath
I think if I was you Leo I would try to license rights to them and get some mula out of it. Remember "Leo Laporte" goes a lot farther than TWIT does and most importantly ever will.
- Eric VM
there's a current backlash on twitter trending topics right now w/ hashtag #notwittertv. the examiner has an unfavorable article here: http://www.examiner.com/x-264-C... even alyssa milano is against it: http://twitter.com/Alyssa_...
- sɹǝɥʇɐǝɟʞɔɐןq
Its going to suck and bomb... guaranteed.
- Rustic Thoughts
Maybe just sell it to them Leo for a gazillion dollars and retire. Keep the leaches out of it..meaning the lawyers. What the heck, Leo you are great at trend setting, you practically put twitter on the map. They owe you something.for all the pub you have given them since their inception.
- John Apostoli
Defend. There's really no reasonable alternative.
- Jason Clarke
You gotta defend it Leo. What's the point of trademarking in the first place.
- Joel Lovato
You have to defend what is legally yours.
- Michael Hansel
Twitter Responds: There is No Official Twitter TV Show- Mashable (May 25th, 2009 | by Pete Cashmore) -- http://mashable.com/2009... -- There is no official Twitter TV show—although if there were it would be fun to cast! In dealing with networks and production companies we sometimes have simple agreements. Regarding the Reveille and Brillstein project reported today,...
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- Chris Loft
Leo, suggest you go "open source co-branding" on this. Monetize your "twit" brand through creative brand licensing with emerging entertainment and multimedia microblogging companies that want to ride the "twitter" bandwagon. I can see creative corporate and individual co-brands like, TwitSounds, TwitFilms, TwitMedia, TwitCats, TwitBitch, TwitMechanic, etc...
- Mike Schmidt
I don't want to over simplify this but if Twitter do branch into video and even streaming TV, surely the content would have to be substantially different to what TWiT already provides, otherwise they are at risk of spoiling their brand identity. Stay strong and true to the Tech news content and let Twitter, well do what ever they may do. Personally, I think it would be a mistake for them to go down this road. Time may be better spent further improving the existing service.
- Kevin J Hatton
the mashable news is taken directly from the twitter blog: http://blog.twitter.com
- sɹǝɥʇɐǝɟʞɔɐןq
Maybe it's a good time to Re-Brand. Twit has unfortunate connotations in some areas of the English speaking world. On this side of the pond a twit is an idiot. Until I became aware of Leo I gave TWiT a very wide berth. Branded simply as This Week in Tech it would have got my positive attention a whole lot sooner. Time to move onward and upward.
- Gilbert Harding
This was copied and pasted but sums it up so well : Of course, there's a larger long-term problem because of the way that Twitter has weakened _your_ brand. It might be less expensive (and a better use of your time) to rebrand TWiT into something that strengthens your brand and moves it away from Twitter; avoiding any future problems (and there will be future problems). You can't fight Oprah. - Professor Messer
- Fragtastic
A very worthy point - "I think that once you see the Twitter television show, you'll probably want to distance yourself as far away as possible. - Professor Messer"
- Fragtastic
I'll admit to being a little slow on the uptake to both TWiT and twitter and it took me some time to figure out that they were different things. I was listening to TWiT before I found twitter, and at first I wondered if I was mixing the names up in my head. I think there is real potential for confusion between the two names. Good luck in whatever you decide to do, Leo.
- Rick Reynolds
You could ride the wave of popularity Twitter is experiencing by allowing that confusion to blossom. Perhaps more people could start listening and watching your netcasts *because* of that confusion?
- David Hepworth
You need to defend your brand, however since you know the guys at Twitter maybe you can come to some sort of agreement that is the best interest of both TWiT and Twitter.
- Jim Lavin
I say defend the brand. I fully believe Leo and TWiT will outlive Twitter. It would be a shame to surrender the brand only to see it disappear in 1-2 years.
- Martin Johnson
I say defend it, if you don't the that opens the door to other infringements.
- Hunter
since you clearly took your name from This Week in Baseball, which deputed in 1977, should MLB defend their trademark with you?
- glenn simmons
Defend it! definitely, the trademark is rightfully yours and you need to hold on to it...I like twitter, but I like TWiT even more...
- Raymond
Glenn, you are wrong. There are many registered trademarks that contain "this week in"
- russellcoleman
See what you have started Leo? Twitter TV is not a patch on what you do. Now if it was professionally done, with great audio then maybe,
- Kevin J Hatton
Dealing with a similar issue (though not as big as dealing with Twitter). I say throw out a warning shot to protect your brand. Worst case they ignore you and you have to spend gobs of money to defend it. Best case they make you a $$ offer.
- Brian Niles
from Nambu
russellcoleman, exactly so why is Leo crying about twitter
- glenn simmons
Glenn, because "Twit" is Leo's trademark in the area of entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows.
- russellcoleman
Defend it!
- Kiran Patchigolla
Sorry Leo, does that mean I can't call people Twitts? Does it mean no one in a television or audio show can use the word twitt? I mean Twitter...TWIT...they have 3 more letters and their brand is based on communication not entertainment. Give up the ghost against Twitter by now dude. IF they were doing what you were doing MAYBE but what you are saying is noone can use the letters T W I or T .... don't become the next Monster.
- Sidney
Defend. No retreat. No surrender.
- Barry Biddlecomb
from twhirl
Sidney, it means they can't use twit as part of their brand if they go into the areas Leo's trademark covers. We are talking about branding here.
- russellcoleman
Again, Twitter is a communication company looking to capitalize on providing television content the ability to have immediate interactive component...Nothing that TWIT does...so no infringement. Leo has always had the axe to grind with Twitter...if he was going to do something he should have done it immediately...
- Sidney
My understanding is that Twitter is going to have a TV show and that may infringe. My point above was to the suggestion that no one could say the word twit.
- russellcoleman
@Christopher Carr, I meant that twitting has become a generic expression going far beyond Twitter. Here on friendfeed we are twitting, an these lines are in fact twits... :)
- Cem ARGUN
As an anecdote, until now I thought TWiT was something twitter related, and I basically ignored it for that reason. I have learned over time that I'm often not a good representative of anything, but there was certainly brand confusion in my case.
- Robin Barooah
At first, yep, I thought Twit spawned Twitter. But in a few nanoseconds, I knew otherwise. But in the mind of 'ordinary' (horrible term, sorry) user coming at Twit from Twitter surely they'll get the idea. But Twitter is SO pervasive, I'm glad that you've decided to take advice. I know nothing, but I feel you should protect your brand. Don't change your name. Change the game. On another tack, you checked out http://audioboo.fm ?
- John C Wesley Barker
"Again, Twitter is a communication company looking to capitalize on providing television content the ability to have immediate interactive component." - Sidney That is exactly what Leo's doing
- Anton
news of twitter tv just hit the local abc news. they mentioned there's already direct opposition by celebrities ashton & demi who (according to their tweets) will quit twitter if this reality show sees the light of day (paraphrasing). this could mean -as they say & putting it lightly- 'my enemy's enemy is my friend?' odd yet amusing opposition from the hollywood. however, no mentions of twit and leo. :-\
- sɹǝɥʇɐǝɟʞɔɐןq
Twitter can look to capitalize on providing television content the ability to have immediate interactive component all they want. But I don't think they should do it in a way that can cause any confusion between them and Leo's network.
- russellcoleman
Sorry the only confusion people have had is what Leo has brought to the table himself. He should have stepped up long ago if he felt Twitter was going to create confusion and admittably it has and TWIT and Twitter don't even cross streams. I know for one if Leo wastes his money on litigation I for will be disappointed and believe it will harm the TWIT brand.
- Sidney
i know this thread is too long to read for many. re-quoting what leo said here for those who keep saying he should have stepped up long ago: "Ev told me that when they were considering names for Twitter they knew about TWiT and decided it didn't matter. In their defense, they had no idea what or how big Twitter was to become. We talked about trademark early on and both agreed there was no conflict _as long as we were in different spaces_. And therein lies the rub. - Leo Laporte"
- sɹǝɥʇɐǝɟʞɔɐןq
Very tough choice. I think these comments provide you with a fairly good sample of public opinion from people in tech, but it would be interesting to get input from the rest of the world on Twitter who have never heard of TWiT. It certainly won't cost much to send in a warning shot so they take notice and to demonstrate defense of your TM, but I would follow that up with a request to...
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- Phil Ashman
This twitter thing is just a flash in the pan, you can wait them out ;-)
- Wolfman-K
If he fights and loses, at least he defended it, which is required to keep it. If Leo does nothing, he could lose it.
- Bwana ☠
How do people feel about Monster Cable suing companies that use the word Monster in their name? I feel the same here...except that Twitter just happens to have the same four LETTERS as Twit, as the beginning. They arent using Twit as a standalone word. C'mon.
- Andru Edwards
The only justification I can see in Leo going after Twitter is so that he can at least show he is defending his TM so he doesn't lose it as Bwana said...otherwise I think it is a losing game that will be a waste of resources that TWIT could utilize in other productive pursuits.
- Sidney
The Monster Cable example doesn't really work. They were suing companies that were in different spaces. Now with Twitter doing a TV show, that is in the same space as TWIT and Leo has the trademark for it.
- Mike Child
Everyone should read this: http://blog.twitter.com/2009... It has been linked a few times in this discussion up above, but bears linking again based on recent comments - From what I can tell, it doesn't look like twitter will have a tv show - so this whole point is moot - leo may have to defend his trademark against these 'other' shows if they use the word twit in their name, but i don't think they will
- Chris Heath
Leo -This is a battle that will be HELL. Yet, it is critical you fight it. I had a couple situations very much like it in telecommunications late '80s early '90s. I should have fought. Give them a run for their money. It will cost you $$ and resources. But, with Twitter's new direction - man - you're a journalist at heart... You already know - you've got to fight for your right!
- Arleen Boyd
Man this is a tough position to be in. Honestly, I can't see TWiT or Twitter changing brands/names. However, Leo, you were first and you have the trademark to back it up. I say defend it!
- Doug Jones
Biz responds to the Twitter TV show on the blog: http://blog.twitter.com/2009...
- Doug Jones
not reading the thread befire i comment... but seems to me that TWITTER does not equal TWIT. what else is their to know?
- sull
Leo, I think the law is very clear, if you don't defend your trademark you may lose it.
- David Angel
from twhirl
Leo a firestorm is brewing over twitter tv http://www.nydailynews.com/tech_gu...
- dday
Make them pay you a million in cold hard cash for the TWIT name and change your name to TWIG - This Week In Goodness :-)
- Richard Bitting
When you see such services as "TwitThat" (http://twitthat.com/), with that spelling of "tweet", there is an incredible amount of confusion waiting to happen !
- arnaudt
arnaudt, good point. and again... TWiT does NOT = twitter - so leo has no case. twitter themselves dont use 'twit' in any way. they barely if at all use 'tweet' in any way. they began as 'twtr' in like 2006. twitter is NOT an abbreviation for anything as TWiT is. twitter is not solely behind producing an entertainment property.. they are granting rights to others to do so and in some...
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- sull
sull, TWIT does NOT have to = twitter for Leo to have a case. People just have to be confused enough to adversely impact, or even potentially impact, Leo's business.
- Chris Gardner
Chris, i think it does for him to have a 'good' case. You cannot prevent Twitter from letting media entities use twitter as part or their 'shows', even if twitter as some levell of partnership. In the end, it will cost Leo money to lose a trademark case. Proving, for example, that an MTV show tentatively named 'what you're watching' that uses twitter and facebook etc as fundemental components for audience interaction has any negative effect to the TWiT podcast.
- sull
sull, there just needs to be a likelihood of confusion. The Court there announced eight specific elements to measure likelihood of confusion: Strength of the mark - Proximity of the goods - Similarity of the marks - Evidence of actual confusion - Marketing channels used - Type of goods and the degree of care likely to be exercised by the purchaser - Defendant's intent in selecting the mark - Likelihood of expansion of the product lines
- Chris Gardner
Oh, and TWiT is not just a podcast. It is a live streaming net video network. There are on and off talks to take to cable also.
- Chris Gardner
Chris, thanks for pointing those elements of liklihood. Still, i think that even for the case to have a leg to stand on, twitter would need to have a 'show' specifically named in a way that may cause confusion. That has not happened. Trying to prevent the word 'twitter' from being used at all in marketing and branding via "visual and audio performances" because of the TWiT trademark seems a stretch and will prob result in negative publicity for Leo. Anyway, maybe we'll see. Interesting.
- sull
sull, agreed interesting. Also, this will probably not go anywhere near the courts. Ev Williams and Leo know each other and get along (not many in the industry that Leo does not get along with). They will work things out.
- Chris Gardner
For those who are unaware, people have to take action to protect their brands otherwise they lose their trademark. My suggestions and observations: 1. Look for win-win 2. It all seems moot anyway http://blog.twitter.com/2009... tho this is a fascinating thread 3. If twitter did ever go ahead with this it would be a fairly simple compromise for them to...
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- Isha (Marysia)
You need to defend it. I don't know that you'll stop twitter from launching their show but you have to fight it to keep your trademark valid. You for sure need to go after twitvid.com and twitvideo.com!
- The Griff
Defend the trademark. It could make the difference on winning a future trademark case with another company.
- David Ebaugh
Defend it. It was your long before Twitter was even around. Like someone else said what is the point of calling your network that if as soon as a bigger fish comes along you cave. Don't give in to the man Leo!
- Mr. Thomas
Leo. I am not a lawyer and don't play one on the Internet. It sounds like you have no real case against Twitter, but the producers of the rumored tv show are a different story. Even then, it depends on what they are doing with the subject matter. Is it *about* Twitter, or simply about people who use Twitter? Will they ever use the term, "twit" in the show? It certainly couldn't hurt to...
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- Jake Overton
Let's not forget that use of anything in an editorial context is considered fair use.
- Ryan Brodkin
I also feel that you have an opportunity for even more publicity if you can work the TWiT shows into the TV show, joining them rather than fighting them. You will get publicity either way, but there seems to be a high road and a low road (or perception thereof). Good luck and keep up the great shows.
- Jake Overton
Leo fight them.
- johnny
we neec to fight for TWIT
- Richard Thomson
So far I don't think there is a conflict with Twitter, unless there is a Twitter TV show. Although you should fight sites like http://twitvid.io . Plus if you win, you could have an awesome domain for video downloads when you want to offer them.
- Mister IQ
Muscle March - http://www.youtube.com/watch...
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Biao, Wick, Pretty Monkey Studio and alexandere liked this
hahaha love japanese games =)
- Pretty Monkey Studio
Anyone have a current Mutual Fund recommendation? I recently dumped some cash in a SEP IRA and need to do something with it.
Eric Florenzano, Biao and Morton Fox liked this
What's your risk profile? And how much work do you want to do? For most people who are looking for long-term growth, I would suggest Ginnie Mae bonds (FGMNX) http://google.com/finance... or mutual funds until the market is definitely going up (e.g. 5+% over 200-day moving average), which probably means waiting until 2010-2012 before going into the market. Read this http://friendfeed.com/mitchel...
- Mitchell Tsai
Feel free to e-mail me (or just discuss here if you're comfortable). Some people try a 90% rational 10% mad-money approach. Typically financial planners suggest a 60-75 stock, 20-30 bond, 0-10 cash allocation, but that strategy was designed during the 1972-2000 bull-market years, and the recent 2000-2009 has a lot of experts seriously questioning buy-and-hold (e.g. 1929-1933 Depression...
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- Mitchell Tsai
Here's how Harvard & Cap Gemini's super-wealthy HNWIs allocated their money in 2008 http://friendfeed.com/mitchel... , but there may be big shifts for 2009-2010. Both Harvard and Cap Gemini's HNWIs (High Net-worth individuals) had only 33% equities in 2008. Less than 1/2 of what conventional "financial planners" suggest.
- Mitchell Tsai
I would say I'm in the mid to low risk category and I really don't want to spend much too much time having to manage my funds. So I need a pretty simple and straightforward approach. This is one area of my life I've just had very little inclination to learn about even though I realize its importance. Oh, and most of my stuff is at Schwab if that makes a difference.
- Mark Krynsky
My easy suggestion would be (1) Money markets or FGMNX until 2010-2012 when DJIA/S&P500 goes 5+% above it's moving-day average. Until then. Stay out. Yes, my MGM stock just went from 2.3 to 14.0, but you can get killed. (2) When the markets are definitely going up, cost-average in over 1 year (e.g. perhaps buy 1/4 each 3 months). Buy 25% Warren Buffet (BRK.B)...
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- Mitchell Tsai
A lot of people are using ETFs http://en.wikipedia.org/wiki... rather than Mutual Funds. (Most of the top 10 stocks traded on the NYSE each day are ETFs now.) No penalty for going in & out. Ameritrade and eTrade are offering 30-day free trades for $2,000+ in new funds (and there are bonuses if you have frequent flyer accounts). Only open 1 account for now. $10/trade at AmeriTrade is cheaper. ($7 ScottTrade is less, but I haven't tried them).
- Mitchell Tsai
Thanks for all the info Mitchell. I know you post about the market often and seem to be very well versed in it. I really appreciate you providing the info.
- Mark Krynsky
Good luck. Most of the financial planners I know are very old school, and I have none that I can recommend. Key if you want to ask someone for help - (1) How did you do in 2008? (Best hedge fund guy went +866% last year.) (2) Long-term (e.g. 1999-2009), how did you do compared to the S&P 500 or Warren Buffet's BRK.A? Warren is the king. Mutual funds won't compare themselves to Warren...
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- Mitchell Tsai
[Major Disclaimer]: I beat the S&P by 60-70% last year, but I'm getting killed right now on my TZA holding (betting that the market is going south). My return this year has been great on little stocks, but my overall bets on the market are hurting me big-time. In the short-term, my equities are down -40% or so in 2009, so if the DJIA doesn't head south to 7,100-7,300, I'm sitting on a major loss.
- Mitchell Tsai
Hope you don't mind I jump into the conversation. I was reading a link recently about the superior performance of bonds over stocks - http://www.indexuniverse.com/section... - and was wondering if Michell you can chime with your thoughts on this? Or do you agree since you're recommending FGMNX? Most of the article simply eludes me. I've almost all my IRA in the Vanguard 2045 VTIVX fund - is that a sound decision?
- Biao
Do you recommend any financial sites for beginners? Or is there an investment group here on FF?
- Mark Krynsky
If you want to invest before 2011 (which I don't recommend), cost-average into SPY ($93) and BRK.B ($3,132). Good price for SPY is $50-70. Good price for BRK.B is $2,000-2,800.
- Mitchell Tsai
Glad you jumped in Biao. I'm guessing I can't be the only one looking for info and happy that Mitchell is providing his sage advice.
- Mark Krynsky
@Mitchell Hah. I got into BRK.B at $4800 and rode it all the way down to its current price and then I got rid of it. I'd get into it again but I think it'd represent too much of my (very small) portfolio at this point.
- Biao
Here's a search for S&P 500 in my accountws http://friendfeed.com/search... For awhile, I was using "MyStock" to code my stock posts http://friendfeed.com/search... http://friendfeed.com/search...
- Mitchell Tsai
Sorry to hear that Biao... BRK.B was down to $2,200, and a nice buy below $2,500. If you want a more aggressive strategy to rebuild your portfolio, there are lots of great opportunities! (1) Time for some hail-mary plays... (2) Or just try to make +10% 7 times this year. 7X 10% = 100% gain.
- Mitchell Tsai
That's what I did. I bought $C and $AIG. Sold $C. Bought $C again. So I made back some of my BRK.B lost. But that's just my play money. I'm looking for a sound retirement account strategy that doesn't require me monitoring my stocks too frequently. I also believed in buy and hold, thus the BRK.B purchase. If I had been monitoring that stock I would've known to cut losses way beforehand.
- Biao
3NE Media - US Pole Dance Championship 2009: http://www.youtube.com/watch... - http://3ne.com/media...
Biao, Nayan, viki saigal and 5 other people liked this
These women are quite the gymnasts.
- April Buchheit
from Bookmarklet
Wow!
- Rachel Lea Fox
Psh, that is my normal workout ;)
- Jeanette Bosman
Honey, I think I'd like to join you for ALL your gym and yoga sessions from now on.
- Tudor Bosman
Yowsers...that was great. Suddenly, i'm inspired to make an outting. Anyone want to join me at Scores NYC tonight? ;-)
- Ryan Kaisoglus
Is there any better way to make money as a professional gymnast?
- Gabe
Maybe they should make it part of the olympics gymnastics competition.
- Robert Felty
Rob: YES! http://www.sportsbybrooks.com/pole-da...
- Gabe
But these women have something that elite gymnasts don't. ... Poles.
- Darren
My membership on friendfeed has been justified by this link alone.
- Ray Cromwell
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