Wednesday, January 31, 2007
Congratulations to Dennis Weinman! Dennis was the winner of our last quiz. Tracy Astrachan (no relationship to her father, Jim) was a runner-up, but alas, we have no runner-up prize.
The Question: Name the world’s tallest occupied masonry building. (Come on, you architects!)
The Answer: City Hall in Philadelphia.
Think you can be a winner? Check out the new Quiz at the end of the Articles section.
office update
Lawyer’s Letter, Compliments of Marc Sherman
Part of rebuilding New Orleans faces residents with the challenging task of tracing home titles back potentially hundreds of years. With a community steeped in history that stretches back more than two centuries, houses have been passed along through generations of family, sometimes making it quite difficult to establish ownership. A New Orleans lawyer sought an FHA loan for a client. He was told the loan would be granted if he could prove satisfactory title to the parcel of property being offered as collateral. The title to the property dated back to 1803 and it took the lawyer three months to track it down. After sending the information to the FHA, he received the following reply.
(Actual letter):
"Upon review of your letter adjoining your client's loan application, we note that the request is supported by an Abstract of Title. While we compliment the able manner in which you have prepared and presented the application, we must point out that you have only cleared title to the proposed collateral property back to 1803. Before final approval can be accorded, it will be necessary to clear the Title back to its origin."
Annoyed, the lawyer responded as follows (actual letter):
"Your letter regarding title in Case No. 189156 has been received. I note that you wish to have title extended further than the 194 years covered by the present application. I was unaware that any educated person in this country, particularly those working in the property area, would not know that Louisiana was purchased by the U.S. from France in 1803, the year of origin identified in our application.
For the edification of uninformed FHA bureaucrats, the title to the land prior to U.S. ownership was obtained from France, which had acquired it, By Right of Conquest from Spain. The land came into the possession of Spain by Right of Discovery made in the year 1492 by a sea captain named Christopher Columbus, Who had been granted the privilege of seeking a new route to India by the Spanish monarch, Isabella. The good queen, Isabella, being a pious woman and almost as careful about titles as the FHA, took the precaution of securing the blessing of the Pope before she sold her jewels to finance Columbus' expedition.
Now the Pope, as I'm sure you may know, is the emissary of Jesus Christ, the Son of God, and God, it is commonly accepted, created this world. Therefore, I believe it is safe to presume that God also made that part of the world called Louisiana. God, therefore, would be the owner of origin and His origins date back to before the beginning of time, the world as we know it AND the FHA. I hope you find God's original claim to be satisfactory. Now, may we have our damn loan?"
The loan was approved.
Jim Astrachan and the Lecture Group
The morning of January 31, Jim Astrachan spoke to the Baltimore Lecture Group on “How Shredded Wheat’s Competition got to Call Its Cereal Shredded Wheat.” The organization is in its 90th year and presents about 18 lectures a year. A copy of Jim’s speech describing the history of ready-to-eat cereal and the Supreme Court decision in Nabisco v. Kellogg can be found at:
http://www.agtlawyers.com/resources/articles/2007%20articles/jba-lecturegroup.pdf
Donna Thomas to Lecture to the Anne Arundel County Bar Association
As part of the Anne Arundel County Bar Association’s CLE program, Donna Thomas will present a two-hour long trademark program. The lecture will take place from 5:30 to 7:30 p.m. on Tuesday, March 6, 2007. Be sure to check our website (www.agtlawyers.com) for further details.
Zuberi Williams Mentors American University JD/MBA Students
As a graduate of the JD/MBA dual degree program of the American University Washington College of Law, Zu returned to his alma mater last week as a panelist in a discussion on career opportunities and choices. The panel discussion focused primarily on assisting currently enrolled students in fine-tuning their career paths and objectives.
Planning Committee on Intellectual Property Spear-heads New Program
Committee Chair, Donna Thomas, and members of the Planning Committee of the new Intellectual Property Law Section of the Maryland Bar Association are planning a program on key word triggered advertising and trademark infringement. A breakfast seminar on the subject is scheduled for the week of March 20th. Be sure to check the AGT website for more details, as the date, place and time are finalized.
Jim Astrachan Presents to the Northeast Pennsylvania Ad Club and The Communications Club of Buffalo, New York
Jim Astrachan will present “Ads That Shouldn’t Have Run” on Wednesday, April 4 (if it doesn’t snow) for the Northeast Pennsylvania Ad Club in Scranton, Pennsylvania as part of the Club’s monthly luncheon. Three weeks later, Jim will take his show back on the road and present the program on Wednesday, April 25 (if it doesn’t snow) to Brainstorm, the Communications Club of Buffalo, New York.
Jim Astrachan and Julie Rubin Present to the Northern Illinois Ad Federation
Jim Astrachan and Julie Rubin will present the ever-popular “Ads That Shouldn’t Have Run” to the Northern Illinois Ad Federation on April 20 (if it doesn’t snow). Afterwards, Jim plans on a long sanitarium stay to rid himself of what we around the office have taken to calling “The Click Tick.” Jim’s long term, repetitive use of the projector remote control in putting on “Ads That Shouldn’t Have Run” has led to involuntary thumb ticks, often accompanied by outbursts including, “I told you not to run the ad” and “don’t ask why, just do what I’m telling you!” We wish Jim a speedy recovery.
Julie Rubin to Present to Council on Education in Management
Giving another appearance for the Council on Education in Management, Julie Rubin will present “EEOC Update:The Relationship Between Discrimination and Retaliation and What You Must Do to Break the Bond and Minimize Your Liability Risk” on April 26. Please see the Council’s website at www.counciloned.com or call 1.800.942.4494 for details and enrollment.
articles
Vitton Has a “Dog” In the Fight
By Jim Astrachan
High fashion has gone to the dogs – literally, and the United States District Court for the Eastern District of Virginia was asked to referee the recent dog fight. We all know Louis Vuitton, the French purveyor of fine and very expensive luggage, shoes, watches and whatever. Do we also know that “whatever” includes pricey dog collars, leashes and carriers? Ah, the French; they love their dogs. (and this case was a question on “Professor” Astrachan’s Fall 2006 Trademark and Unfair Competition exam.)
http://www.agtlawyers.com/resources/articles/2007%20articles/jba-jan-07.pdf
New Supplier Blues
By Peter H. Gunst
Increasingly, dealers find their franchise agreements assigned to new suppliers who have less favorable marketing and pricing policies. The financial impact on the dealer can be very severe.
Whether the dealer has a legal remedy is problematic, depending upon how much violence the new supplier does to the preexisting contract terms. A recent Maryland case illustrates the problem.
http://www.agtlawyers.com/resources/articles/2007p%20articles/January%202007%20SSDA%20Article.pdf
Et Tu, Brute?
By Julie R. Rubin
Remember that old public service announcement – “It’s 10 pm. Parents, do you know where your children are?” I hadn’t thought of it in years until a few days ago when a call from a client reminded me of it.
http://www.citybizlist.com/blog/rubin/index.html
quiz
A chance to win a $25 Gift Certificate to Borders Bookstore!
The Question: What is the legal connection between Granula and Granola?
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resources
Attention Event Planners!
Astrachan Gunst Thomas, P.C. not only protects, we teach. Our attorneys lecture nationally and teach at both the University of Maryland and University of Baltimore Schools of Law. If you have an event, conference or meeting coming up and are in need of an engaging speaker to discuss intellectual property, business, or employment and management issues relevant to your business and industry, please contact Leigh Ann Tenore at 410.783.3537 for seminar planning and topic details.
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Copyright, Trademark and Advertising
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