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Now with Averett Law Offices, PLLC
As of July 26, 2010, I have joined forces with my mentor, Melissa Averett, at her practice, Averett Law Offices, PLLC. My new contact information is on the home page. The past few months have been great and I believe that I have transitioned into her office almost completely now. Once her website is updated, I’ll be closing up shop here and you’ll be redirected to the website of Averett Law Offices, PLLC.
Thanks for visiting!
Happy Holidays!
It’s a quiet Christmas Eve here in Pittsboro. We’ve got a fire going inside and a fire outside. The four dogs are decked out with their holiday kerchiefs and we’ve got holiday music on the stereo. Tomorrow, we’ll head out to spend the day with my parents and my brother. I am truly grateful for all the good in my life.
From my family to yours, have a very Merry Christmas, Happy Hanukkah, Joyous Winter Solstice, Feliz Navidad, or just a nice December. May the holiday season bring you peace, love, and happiness.
Sarah
I’m not confused, Monster
I don’t do trademark or copyright law, but my love of good wine and craft beer makes this a topic of particular interest to me.
Wineries and vineyards make a big deal about their labels and names. Other companies make a big deal about their brand, as well. One element of trademark infringement is the likelihood of confusion. It almost always seems like it’s the big company who picks on the little company…and it also seems the big corporation often wins. However, Starbucks did lose their case against a Korean coffee shop’s logo, but that battle took place in the patent court of Korea.
So, now comes Monster Energy (an energy drink that I’ve never tried) telling Rock Art Brewery in Vermont that the brewery’s use of the name “‘VERMONSTER’ in connection with beer will undoubtedly create a likelihood of confusion and/or dilute the distinctive quality of Hansen’s MONSTER marks.” (quote from link above)
Whaaaaat???? Ok, first of all, Vermonster beer comes in a bottle. Monster Energy comes in a can. Second, Vermonster is a beer, made with hops, malt, and other natural ingredients. Monster Energy is some jacked up sugar drink, full of all kinds of crazy things. Third, Vermonster’s bottle has a beautiful picture of Vermont and a Kokopelli figure on it (as do the other beers the brewery bottles.) Monster Energy has an uninspired black background with some scraggly “M” drawn in neon green. Fourth, Vermonster beer doesn’t have caffeine. Monster Energy does. Fifth, well, you get the point.
I wonder why Monster Energy hasn’t pursued legal action against Ben and Jerry’s Vermonster ice cream sundae, since they probably have comparable amounts of sugar. Oh, right, Monster Energy’s parent company wants to enter the beer market in Vermont. Gotcha. Pick on the little guy to help clear the market for a beer you likely haven’t even started working on yet. Way to gain the respect of craft beer fans. The Twitter hashtag “#monsterboycott” is quickly gaining momentum among the tweeting breweries and beer fans I follow.
Well, I would boycott Monster Energy if I even drank their swill in the first place. But I don’t, so instead of boycotting a product I’ve never used, I’m just going to do my part to get the word out about this, and ask you to boycott Monster Energy drinks if you do consume them.
Monster, I’m not confused and neither are most people. We know what you’re trying to accomplish. There’s a reason I don’t drink your stuff…caffeinated, extra sugary Kool-Aid is not my thing. I’ll take a Rock Art Brewery Vermonster barleywine, please.
Here are more links about this fiasco:
New Laws in NC, Effective 10/1/09
How life changes, starting today
A few new laws are now in effect in North Carolina as of October 1, 2009. I’ve always enjoyed following legislation, and while I don’t immediately understand the importance of some laws, I can appreciate that the reason it has become a law is because it was important to someone for some reason.
Some new laws of note:
- No more plastic bottles in the landfills. OK, sounds good enough. Hopefully this will encourage people to reuse bottles and to drink tap water instead of overpriced tap water from another city that comes in a container that fills up our landfills. Maybe it will also mean that there will be more recycling receptacles in public…
- No more novelty lighters. Too enticing to children. Makes sense. But, will people now make runs to the VA/SC border to buy their novelty lighters?
- Expanded WIC food choices. This law expands the choices to include corn tortillas, canned beans, tofu, and other whole-grain products. It’s about time! I am often surprised to see the blue applesauce labeled as a WIC item, while some canned beans are not.
- No more watching TV while driving. Really??? Who does that?
Now, here are two that I find particularly important (one personally and one professionally—I’ll let you decide which one is which):
- Beer tastings in grocery stores are now allowed. Finally! We’ve been tasting wine in grocery stores for some time, so it’s only fair that beer gets the same opportunity. What will be interesting is to see what breweries take advantage of this and whether the majority of the beer tastings will be sponsored by the big breweries (Miller, AnheuserBusch, etc.) Or, will the local craft breweries use this as a way to connect with the community and promote good beer? Of course, this legislation had its opponents who worry that these tastings will increase alcohol abuse. I disagree. I’d say that allowing beer tasting in grocery stores promotes alcohol abuse about as much as the sale of beer at sporting events.
- The timeline for North Carolina’s “heart-balm” torts has been limited. North Carolina is one of a very few states that allows a spouse to sue “the other man/woman” for interfering with the marriage. However, under the new law, the jilted spouse/scorned lover cannot sue for affairs that began after the couple separates. If the affair/tryst/hook-up happened before the marriage dissolved, the scorned spouse can still sue. The new law also clarifies that the scorned spouse can only sue a natural person, not a company (sometimes attempted when an employer knows of an affair, but didn’t do anything to prevent or discourage it.)
So…be forewarned…turn off the TV while you drive to South of the Border to buy a novelty lighter for your mistress, and if you have a plastic bottle of water in your console to accompany you on that drive down I-95, please recycle it, along with any empty beer bottles that resulted from a purchase of a local craft beer that you would not otherwise have bought if it weren’t for the tasting at the Krojay. Failure to follow this advice could result in a $500 fine, a traffic ticket, or a lawsuit against you for damages for interfering with a marriage.
Best to wait until after the marriage has dissolved to indulge a mistress with novelty lighters. And, please recycle. The next generation depends on us.
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