The IP Law Minute - Pebble Beach's Lone Cypress

Can a living thing, such as a tree, be registered as a Federal trademark? Apparently, the U.S. Patent and Trademark Office thinks so.

And, if that tree is situated on a very unique rock outcropping along the picturesque northern California coast in one of the most affluent residential communities in the world, then you better think twice before you create an image of that tree and try to profit from it. Otherwise, you’ll have the Pebble Beach Company and its high-priced lawyers breathing down your neck.

Commonly referred to as the Lone Cypress, the image of a 250-year-old windswept cypress tree has been used as the distinctive trademark for the Pebble Beach Company since 1919 and it was successfully registered with the PTO in 1990. The tree itself was actually registered, not just images of the tree. Since then, images of the tree have appeared on hats, shirts, golf balls, and a myriad of other types of merchandise.

And, to get anywhere near the living tree, visitors must purchase a pass to the 17 Mile Drive and agree to be bound by the terms of access, terms which include an agreement not to use images of the Lone Cypress for commercial or promotional purposes. Anyone who violates the terms of the access agreement, however innocent their motives, runs the risk of being sued and, if they settle with the Company, being barred for life from all Company property.

So, the next time you’re in Carmel with a camera or a paintbrush and easel, be mindful of the warning signs.

David Baker
The Airsoft Lawyer

MIlitary Minute - Major Dick Winters RIP

Major Winters, made famous by Stephen Ambrose in his book "Band of Brothers" and by Steven Spielberg in his HB series of the same name, died on Janaury 2, 2011 and was buried near his home in south central Pennsylvania. Military Minute published a short tribute to his memory at http://www.youtube.com/user/MilitaryMinute?feature+mhum.

David Baker
The Airsoft Lawyer

World Cup Foosball Champion

While it has absolutely nothing to do with either airsoft or the law, it is a funny video of my kids playing foosball during our summer vacation in New York City:

http://www.youtube.com/watch?v=-5z8pPprwlQ.

It even has vuvuzelas in the background because we were playing foosball at Puma's Soccer City during the World Cup and vuvuzelas were in abundance.

David Baker
The Airsoft Lawyer

Operation Lion Claws IX

I finally got around to putting together a brief photo/video compilation from this year's big airsoft battle in Hesperia over Memorial Day weekend and you can see it at

http://www.youtbue.com/my_videos?feature=mhum.

Let me know what you think.

David Baker
The Airsoft Lawyer

HB Civil War Days 2010 Video

Check out a short video featuring some of my photos from this year's Civil War Days in Huntington Beach at www.youtube.com/watch?v=9TGZgFdPSes.

Let me know what you think.

David Baker
The Airsoft Lawyer

GenDyn EVF a Bargain at $150 Million?

Big, ugly, cumbersome, expensive....and just what the U.S. Marine Corps needs right now? The Expeditionary Fighting Vehicle; an 80,000 pound war machine which, if it can deliver on its promises, would deliver a crew of 3 and a contingent of 17 armed Marines to the shores of even the most hotly contested beach in the world in the air-conditioned comfort of a heavily armored fighting vehicle. Equipped with two massive waterjet propulsion nozzles, a retractable hydropneumatic suspension and hydraulically actuated bow, the EFV would be launched from U.S. Navy ships miles offshore (and presumably out of range of land-based cannons and missiles) in order to secure a hostile, well-defended beachhead.

Also mounting a Mark 44 Bushmaster II 30mm cannon (capable of firing up to 250 rounds per minute at a range of 2,200 yards) in a rotating, armored turret, the EFV could take out enemy firing positions before disgorging its squad of heavily armed Marines. Reminiscent of LVTs (Landing Vehicles, Tank) used in U.S. island hopping campaigns of World War II and the LVTP 5 used in Korea and Vietnam as well as the AAVP used in Kuwait (and still stocked in the Marines' inventory), the EVP may well be the priciest armored vesicle on the world market at $150 million for seven prototypes.

General Dynamics Land Systems and Marine Commandment James Conway believe "The EFV is essential to the Marine Corps mission. There are programs that are absolutely and vitally important. One of those is our EFV." GenDyn and General Conway have not yet explained why the Marin Corps mission cannot be accomplished with existing technologies such as teh Osprey VTOL aircraft and the even more massive LCAC. Also, no one has yet explained to the public what beach landings against hostile forces are anticipated within the roughly 30 year lifespan of the EFV program.

I am one of the loudest proponents of new, technologically advanced warfare systems (if they make military and economic sense) and fully support U.S. armed forces, but even I have to question the wisdom of such ridiculous expenditures when U.S. military action of the next thirty years is likely to be waged against (1) low level insurgents such as in Iraq and Afghanistan, or (2) superpowers such as Communist China. If nothing else, the program and the systems need to be publicly vetted before additional funds are committed to the EFV.

[Images are courtersy of The Orange County Register and copyrighted 2010]

David Baker

The Airsoft Lawyer

Worst College Football Game Ever

USC 17
Virginia 14

The score doesn't really tell the story of the game unless the story was one of (if not the) worst college football games I've ever watched. Unfortunately, I watched this one in person at the Coliseum with my son, Tristan, on a cold, windy September night. Dropped passes, repeated inside runs for little or no gain, absolutely no imagination on the offensive or defensive side of the ball, and penalties galore added up to a very disappointing effort by the Trojans and the Cavaliers.

David Baker
The Airsoft Lawyer