"Aggregates," Museums & Galleries, 10/27
Don't Dilute Our Trademark
We represent Technicolor Trademark Management, the owner of all trademark rights throughout the world to TECHNICOLOR, and write regarding the East Bay Express' misuse of TECHNICOLOR in connection with an article appearing in the October 27, 2010, Wednesday Edition under the headline "Stratigraphic Aggregates...," by DeWitt Cheng. A copy of the article containing the misuse is attached for your convenience.
Our client is the owner of numerous United States trademark registrations on TECHNICOLOR, the oldest being Reg. No. 267,288 dated February 18, 1930. TECHNICOLOR is one of the most famous trademarks in the world, and has been recognized as identifying goods/services originating with our client. The Associated Press Stylebook recognized throughout the new business as the standard arbiter of style and the exclusive reference on matters governing usage of words, phrases and punctuation, references "Technicolor" solely as "A trademark for a process of making color motion pictures."
More significantly, TECHNICOLOR is never to be used as a synonym for "multicolor" or the like, as by doing so, the integrity of TECHNICOLOR as a trademark is being weakened.
Please help us preserve our client's trademark by using it properly. We therefore request that you immediately agree to refrain from the misuse of TECHNICOLOR in the future. We will assume for the present that your misuse was only as a result of inadvertence, and now that you have knowledge of our client's substantial rights in and to the TECHNICOLOR mark, you will act accordingly.
Please confirm that you have notified your editors, writers, and all other appropriate staff members and freelance contractors as to the proper use of TECHNICOLOR, and that you will make sure that TECHNICOLOR is only used: (1) in the corporate sense to refer to our client, (2) in its correct trademark sense, e.g. TECHNICOLOR film processing, or (3) in reference to films made with the TECHNICOLOR film process and, most importantly, never as a synonym for "multicolor" or the like.
Assuming that you will cooperate with us in effecting a prompt resolution of this matter, we wouldd regard this matter as closed.
Peter M. Eichler
WEISS & MOY P.C.
Attorneys and Counselors
"Hello...Wanna Give to a Good Cause?" Feature, 11/3
Fired for Not Being Trained
In reference to your story on street canvassers for nonprofits, I have this to say: As someone who briefly did telemarketing for Peace Action West, I survived a scant three weeks in their office doing evening calls for $8.00 an hour, before taxes. I was rated on how much I could pull in during the night, with a culmination of what I did for the week, and how I progressed. I was rated on credit card pulls, not promised checks. Given that my training hadn't progressed to credit card dialogue and how to make that happen, my demise there was predicated on what I did not know or learn from them — I hadn't gotten that far in my training. I ultimately felt like I was raising funds not for the cause of PAW, but for the permanent employees who worked at PAW. I agree that working for nonprofits in an age of chronic unemployment, and decreasing funds, monies are in dire need. But let's face facts: Those who try and do the work are ultimately fired for not reaching quotas, and that stress combined with the state of living in the Bay Area just creates an atmosphere of distrust for anyone who puts themselves out on the street, or on the phone cold-calling those who don't want to be reached. There is a certain mentality that can do that kind of work — I was not one of them.
R. J. Dobrane, Oakland
"Cuts and Dueling Protests at KPFA," Culture Spy, 11/10
More at Stake Than KPFA
What is at stake in the conflict at KPFA? It is not the continued existence of the Morning Show. It will be back with new hosts. It is not the competence of the hosts. By all accounts, they did a fine job. It is not whether there will be local programming at KPFA. Local programming has been a mainstay of the Pacifica Network and will continue to be.
What is at stake is the financial viability of the Pacifica Foundation, and its ability to manage the stations in the network. That viability depends on the ability of each of the stations to raise sufficient money to meet payroll and expenses. That hasn't been happening at KPFA for at least two years.
The board in 2009 mandated reductions in staff that the management at the time didn't make and the ED didn't enforce. The cash reserves of KPFA, about $800,000 dollars in 2009, are now gone. The board has again this year observed that reductions had to be made, and our executive director is seeing to it that it happens.
She has the unanimous support of the board for the principles that she laid out for the reductions, respect for seniority, the best interests of KPFA and the network, maintaining the programming grid where possible, and keeping the strongest possible skill set at the station.
The Pacifica Foundation owns the licenses for all five stations. Should one station failing to meet its expenses drain the resources of the network past what can be sustained by the remaining stations, the entire network will be bankrupt and the fate of all five stations will be in the hands of a bankruptcy court judge. The board has the responsibility of seeing to it that that doesn't happen.
Seven Days - April 26, 6:48 PM
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