FukDatShhh.CoM

Hey, does T-Mobile really own magenta? I was just about to redesign my blog, and that was going to be the main color.

Really? Maybe T-Mo should sue you.

Come on, I’ve been hearing this everywhere. 1265 Diggs can’t be wrong.

Well, they’re not wrong, they’re just less than right. T-Mobile’s disclaimers certainly do say that “the magenta color” is a T-Mobile trademark.

So there you go! That’s so stupid! The system is broken! Everyone is corrupt! How can a corporation own a color?! I’ve already skipped down and begun flaming!

Chill out, Sparky. T-Mobile doesn’t “own” anything here, least of all a color. That’s the part everyone seems to have missed. T-Mobile has what appears to be a German trademark on that specific magenta color (RAL 4010, specifically) as it relates to their branding, but that doesn’t really affect the average consumer.

Besides, this isn’t some radical new development. Lot of other companies have registered color trademarks — Owens-Corning has a trademark on the use of pink for insulation, Tiffany & Co. has a trademark on that certain blue color it uses for jewelry boxes, and UPS has a trademark on brown. Interesting you haven’t seen UPS suing Microsoft over that itty-bitty Zune thing, no?

No, but come on, I heard T-Mo’s been suing everyone that dares to use magenta.

Really? From everything we can find, it’s only sued two companies over the use of RAL 4010, and both were in Germany. One of them was a competing cell carrier, even. Are you sure you’re not getting over-excited, here?

Don’t get too smug, lawyer-boy. You might get some on your spats.

Fine. Let’s say, hypothetically, that you’re using magenta on your website and T-Mobile decides to drag you into court. In order to prove that you’re infringing its magenta trademark, it’s going to have to demonstrate that:

• You’re using “their” magenta
• You’re using it to sell, distribute, or advertise a telecommunications product
• The way you’re using it is likely to deceive or confuse consumers into thinking T-Mobile is somehow involved.

Now, to analyze that last part, a court would balance out several factors, including:

• The strength of T-Mobile’s magenta trademark — how distinctive it is
• The similarity of your use to T-Mobile’s use
• The similarity of your products
• Whether or not people are actually confused
• Whether or not you’re straight-up trying to trick people into thinking you’re affiliated with T-Mobile
• The sophistication of consumers in the telecommunications market

So in order to “own” magenta and enforce its trademark against you, T-Mobile would basically have to prove that you’re advertising or selling a telecommunications service with a super similar shade of magenta that everyone recognizes as being T-Mobile’s in a way that makes people think T-Mobile is affiliated with you. You’re not doing that, are you?

Um, no.

So what’s the problem, then?

That still doesn’t mean I think it’s right. I mean, it’s just a color. Why is that disclaimer even there if T-Mobile isn’t trying to bully people?

Or it’s trying to put other companies on notice that T-Mobile considers the magenta color a part of their brand, to avoid further legal complication.

Look, let’s start over here. Trademarks aren’t easy to get, and they’re not necessarily easy to keep — there are a lot of rules to follow for a company to get and maintain a mark, but the main idea is that consumers shouldn’t be confused about where their purchases are coming from. That’s really it. If T-Mobile is of the opinion that it’s done such a good job associating itself with magenta that any other use of magenta would confuse consumers, it can certainly try to sue its way to glory, but that doesn’t seem to be the case here — it’s just covering its ass, because that’s what gigantic companies do in small-print disclaimers. Not as much fun to rail against, but you can probably find something else, no?

Probably.

Of course you can. Now go de-magenta everything, Randy Rebel. It looks hideous around here.

GRANADA, Spain (UPI) – Spanish researchers say 100 percent of people carry at least one type of pesticide in their body.

A study by the University of Granada in collaboration with the Andalusian School of Public Health found hat 100 percent of Spaniards analyzed had at least one kind of persistent organic compound in their bodies.

POCs, which are substances internationally classified as potentially harmful, enter the body through food, water or even air, the university said Friday in a release.

The study measured the contamination levels of some POC’s in a sample of the adult population from one urban and one rural area.

A total of 387 adults had a sample of their human adipose tissue taken during surgery and answered a questionnaire about their place of residence, lifestyle, eating habits and activities throughout their life.

The study found that 100 percent of subjects analyzed had DDE in their bodies and a very large number had PCB-153, HCB, PCB-180, PCB-138 and HCH.

Higher levels of toxic substances were detected in women compared to men and in older volunteers compared to younger people, the report said.

Copyright 2008 by United Press International

1. Do a cartwheel.
2. Sing into your hairbrush.
3. Walk barefoot in wet grass.
4. Play a song you like really loud, over and over.
5. Dot all your “i”’s with smiley faces.
6. Read the funnies. Throw the rest of the paper away.
7. Dunk your cookies.
8. Play a game where you make up the rules as you go along.
9. Step carefully over sidewalk cracks.
10. Change into some play clothes.
11. Try to get someone to trade you a better sandwich.
12. Eat ice cream for breakfast.
13. Kiss a frog, just in case.
14. Blow the wrapper off a straw.
15. Have someone read you a story.
16. Find some pretty stones and save them.
17. Wear your favorite shirt with you favorite pants even if they don’t match.
18. Take a running jump over a big puddle.
19. Get someone to buy you something you really don’t need.
20. Hide your vegetables under your napkin.
21. Stay up past your bedtime.
22. Eat dessert first.
23. Fuss a little, then take a nap.
24. Wear red gym shoes.
25. Put way too much sugar on your cereal.
26. Make cool screeching noises every time you turn a corner.
27. Giggle a lot for no reason.
28. Give yourself a gold star for everything you do today.

An old man and woman were married for years, even though they hated each other. When they had a confrontation, screaming and yelling could be heard deep into the night.

The old man would shout, “When I die, I will dig my way up and out of the grave and come back and haunt you for the rest of your life!”

Neighbors feared him because of the many strange occurrences that took place in their neighborhood.

The old man liked the fact he was feared. To everyone’s relief, he died of a heart attack when he was 68.

His wife had a closed casket at the wake. After the burial, she went straight home and began to party as if there was no tomorrow.

Her neighbors, concerned for her safety, asked, “Aren’t you afraid that he may indeed be able to dig his way up and out of the grave and come back and haunt you for the rest of your life?”

The wife put down her drink and said, “Let the old man dig. I had him buried upside down.”

HAYDEN, Idaho (AP) — A man who believed he bore the biblical “mark of the beast” used a circular saw to cut off one hand, then he cooked it in the microwave and called 911, authorities said.

The man, in his mid-20s, was calm when Kootenai County sheriff’s deputies arrived Saturday. He was in protective custody in the mental health unit of Kootenai Medical Center.

“It had been somewhat cooked by the time the deputy arrived,” sheriff’s Capt. Ben Wolfinger said. “He put a tourniquet on his arm before, so he didn’t bleed to death. That kind of mental illness is just sad.”

It was not immediately clear whether the man has a history of mental illness. Hospital spokeswoman Lisa Johnson would not say whether an attempt was made to reattach the hand, citing patient confidentiality.

The Book of Revelation in the New Testament contains a passage in which an angel is quoted as saying: “If anyone worships the beast and his image and receives his mark on the forehead or on the hand, he, too, will drink the wine of God’s fury.”

The book of Matthew also contains the passage: “And if your right hand causes you to sin, cut it off and throw it away. It is better for you to lose one part of your body than for you whole body to go into hell.”

Wolfinger said he didn’t know which hand was amputated.

Source

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